Republic of Belarus

Name of law: LAW OF THE REPUBLIC OF BELARUS November 10, 2008 No 455-Z on information, informatization and protection of information
First adopted: 2008
Last modified: 2016-05
RTI Rating last updated: 2021-06

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Introduction

LAW OF THE REPUBLIC OF BELARUS November 10, 2008 No 455-Z on information, informatization and protection of information regulates various areas apart from access to information, it also includes regulations on data privacy, telecom and data security. The right to information is in the constitution and according to the law on information, informatization and protection of information, the citizens right of access to information has a wide application, including legislature, executive and judicial branch. Despite this, the law is very weak in procedural aspects of the right with many aspects of the law being determined by other legislative acts of the Republic of Belarus. The law lacks specific details on the actual procedures for submitting a request, as this is regulated outside of the access to information law. This law also lacks details on the appeals process, as in practice the law “On petitions (appeals) of citizens and legal entities” of 18 July 2011 is followed for this, however this law does not have a specific procedure for appealing access to information requests. In addition, the exceptions on access to information do not have a strong harm and public interest test. The law does not set up an independent information commissioner and sanctions regime is regulated outside this law

id	Section	Points	Max score
1	Right of Access	2	6
2	Scope	25	30
3	Requesting Procedures	5	30
4	Exceptions & Refusal	3	30
5	Appeals	0	32
6	Sanctions & Protections	0	6
7	Promotional Measures	3	16
		∑ = 38	∑ = 150

Section

Description

Scoring instructions

Max score

Findings

Points

Article

Comments

1. Right of Access

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

YES

Article 34 of the Constitution states: Citizens of the Republic of Belarus shall be guaranteed the right to receive, store and disseminate complete, reliable and timely information of the activities of state bodies and public associations, on political, economic, cultural and international life, and on the state of the environment. State bodies, public associations and officials shall afford citizens of the Republic of Belarus an opportunity to familiarize themselves with material that affects their rights and legitimate interests. The use of information may be restricted by legislation with the purpose to safeguard the honour, dignity, personal and family life of the citizens and the full implementation of their rights.

The Constitution states that citizens have the right to receive, store and disseminate complete, reliable and timely information of the activities of state bodies and public associations, on political, economic, cultural and international life, and on the state of the environment

1. Right of Access

The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions.

No=0, Partially=1, Yes=2

Article 15. Types of information Depending on the access category, information is divided into: • publicly accessible information; • information dissemination and / or provision of which is restricted Article 16. Publicly accessible information Publicly accessible information shall include information the dissemination and (or) provision of which is not restricted. May not be restricted access to information, dissemination and (or) provision of information: • on the rights, freedoms, legitimate interests and obligations of individuals, rights, legitimate interests and obligations of legal entities and on the procedure for the implementation of rights, freedoms and legitimate interests, and performance of duties; • on the activities of state bodies and non-governmental associations; • on the legal status of state bodies, with the exception of information that is restricted by legislative acts of the Republic of Belarus; • on the socio-economic development of the Republic of Belarus and its administrative territorial units; • on emergency situations, environmental, sanitary and epidemiological conditions, hydrometeorological and other information reflecting the state of public safety; • on the state of health care, demography, education, culture, [and (or)] agriculture; • on the state of crime, as well as on the facts of violation of the law; • on benefits and compensation provided by the state to individuals and legal entities; • on the size of the gold reserve; • on overall external debt indicators; • on the state of health of officials holding positions included in the list of senior public positions of the Republic of Belarus; • accumulated in open collections of libraries and archives, information systems of state bodies, individuals and legal entities created (intended) for information service of individuals. Article 17. Information dissemination and (or) provision of which is restricted Information dissemination and / or provision of which is restricted shall include: • information on the private life of an individual and personal data; • information constituting state secrets; • official information of restricted distribution; • information constituting a commercial, professional, banking, or other legally protected secret; • information contained in administrative offence cases, materials and criminal cases investigated by criminal prosecution bodies and courts until completion of proceedings; • other information that is restricted by legislative acts of the Republic of Belarus. The legal regime of information, the distribution and (or) provision of which is restricted, shall be determined by this Law and other legislative acts of the Republic of Belarus.

No; all state-held information is explicitly divided into 'publicly-accessible' and 'restricted' information, rather thana presumption in favour if access to all public information subject to exceptions.

1. Right of Access

The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information.

One point for each characteristic.

Article 4. Principles of legal regulation of information relations Legal regulation of information relations shall be based on the following principles: • freedom of search, receipt, transmission, collection, processing, accumulation, storage, dissemination and (or) provision of information, as well as use of information; • establishment of restrictions on dissemination and (or) provision of information only by legislative acts of the Republic of Belarus;

2. Scope

Everyone (including non-citizens and legal entities) has the right to file requests for information.

Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons.

Article 6. Right to Information State bodies, individuals and legal entities have the right to seek, receive, transmit, collect, process, accumulate, store, disseminate and (or) provide information, [and(or)] use information in accordance with this Law and other acts of the legislation of the Republic of Belarus. State bodies, public associations, and officials shall be obliged to provide citizens of the Republic of Belarus with an opportunity to get acquainted with information that affects their rights and legitimate interests in the order established by this law and other legislative acts of the Republic of Belarus. Citizens of the Republic of Belarus shall be guaranteed the right to receive, store and disseminate complete, reliable and timely information about the activities of state bodies, public associations, political, economic, cultural and international life, [and (or)] the state of the environment in the order established by this law and other legislative acts of the Republic of Belarus. Article 21. Provision of publicly accessible information upon request Provision of publicly accessible information may be carried out upon request by an interested state body, individual or legal entity to the holder of this information.

The text is sometimes contradictory/inconsisistent on this point, at times its refers to "individuals" and other times it refers to "citizens". In general seems to grant this right exclusively to citizens.

2. Scope

The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it.

Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions.

Partially

Article 1. Main terms used in this Law and their definitions The following main terms and their definitions are used in this Law: access to information – a possibility to acquire information, and to use it; information – data about individuals, objects, facts, events, phenomena and processes regardless the form of its provision; documented information – information recorded on a tangible medium with details that allow it to be identified; Article 15. Types of information Depending on the access category, information is divided into: • publicly accessible information; • information dissemination and / or provision of which is restricted. Article 16. Publicly accessible information Publicly accessible information shall include information the dissemination and (or) provision of which is not restricted. May not be restricted access to information, dissemination and (or) provision of information: • on the rights, freedoms, legitimate interests and obligations of individuals, rights, legitimate interests and obligations of legal entities and on the procedure for the implementation of rights, freedoms and legitimate interests, and performance of duties; • on the activities of state bodies and non-governmental associations; • on the legal status of state bodies, with the exception of information that is restricted by legislative acts of the Republic of Belarus; • on the socio-economic development of the Republic of Belarus and its administrative-territorial units; • on emergency situations, environmental, sanitary and epidemiological conditions, hydrometeorological and other information reflecting the state of public safety; • on the state of health care, demography, education, culture, [and (or)] agriculture; • on the state of crime, as well as on the facts of violation of the law; • on benefits and compensation provided by the state to individuals and legal entities; • on the size of the gold reserve; • on overall external debt indicators; • on the state of health of officials holding positions included in the list of senior public positions of the Republic of Belarus; • accumulated in open collections of libr+G39aries and archives, information systems of state bodies, individuals and legal entities created (intended) for information service of individuals. Article 17. Information dissemination and (or) provision of which is restricted Information dissemination and / or provision of which is restricted shall include: • information on the private life of an individual and personal data; • information constituting state secrets; • official information of restricted distribution; • information constituting a commercial, professional, banking, or other legally protected secret; • information contained in administrative offence cases, materials and criminal cases investigated by criminal prosecution bodies and courts until completion of proceedings; • other information that is restricted by legislative acts of the Republic of Belarus. The legal regime of information, the distribution and (or) provision of which is restricted, shall be determined by this Law and other legislative acts of the Republic of Belarus.

Regarding content: Information is divided into publically accessible and restricted. The restricted information is further broadened by Article 17 which states "The legal regime of information, the distribution and (or) provision of which is restricted, shall be determined by this Law and other legislative acts of the Republic of Belarus" Regarding format: information is defined as – data about individuals, objects, facts, events, phenomena and processes regardless the form of its provision; documented information is defined as – information recorded on a tangible medium with details that allow it to be identified;

2. Scope

Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents).

Score 1 point for only documents, 1 point for information.

YES

Article 21. Provision of publicly accessible information upon request Provision of publicly accessible information to an interested state body, individual or legal entity upon request can be carried out by: • oral presentation of the content of the requested information; • acquaintance with the documents containing the requested information; • provision of a copy of the document containing the requested information, or extracts from it; • provision of a written or electronic response (certificate) containing the requested information.

Law referes specifically to right to information, however under Article 21 copies of documents can be provided

2. Scope

The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above.

Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc).

YES

Article 5. Subjects of information relations Subjects of information relations can be: • Republic of Belarus, administrative-territorial units of the Republic of Belarus; • state bodies, other state organizations (hereinafter, unless otherwise provided, state bodies); • other legal entities, organizations that are not legal entities (hereinafter -- legal entities); • individuals, including individual entrepreneurs (hereinafter-individuals); • foreign states, international organizations. Subjects of information relations in accordance with this Law may act as: • holders of information; • users of information, information systems and (or) information networks; • owners and possessors of program and technical means, information resources, information systems and information networks; • information intermediaries; • operators of information systems. Article 6. Right to information State bodies, individuals and legal entities have the right to seek, receive, transmit, collect, process, accumulate, store, disseminate and (or) provide information, [and(or)] use information in accordance with this Law and other acts of the legislation of the Republic of Belarus. State bodies, public associations, and officials shall be obliged to provide citizens of the Republic of Belarus with an opportunity to get acquainted with information that affects their rights and legitimate interests in the order established by this law and other legislative acts of the Republic of Belarus. Citizens of the Republic of Belarus shall be guaranteed the right to receive, store and disseminate complete, reliable and timely information about the activities of state bodies, public associations, political, economic, cultural and international life, [and (or)] the state of the environment in the order established by this law and other legislative acts of the Republic of Belarus. The right to information may not be used to promote war or extremist activities, or to commit other illegal acts.

2. Scope

The right of access applies to the legislature, 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 legislative branch at all levels of government

YES

Article 6. Right to information State bodies, individuals and legal entities have the right to seek, receive, transmit, collect, process, accumulate, store, disseminate and (or) provide information, [and(or)] use information in accordance with this Law and other acts of the legislation of the Republic of Belarus. State bodies, public associations, and officials shall be obliged to provide citizens of the Republic of Belarus with an opportunity to get acquainted with information that affects their rights and legitimate interests in the order established by this law and other legislative acts of the Republic of Belarus. Citizens of the Republic of Belarus shall be guaranteed the right to receive, store and disseminate complete, reliable and timely information about the activities of state bodies, public associations, political, economic, cultural and international life, [and (or)] the state of the environment in the order established by this law and other legislative acts of the Republic of Belarus. The right to information may not be used to promote war or extremist activities, or to commit other illegal acts.

2. Scope

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

YES

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."

2. Scope

The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State).

Score 1 point if some, 2 points if all

YES

2. Scope

The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er).

Score 1 point if some bodies, 2 points if all

YES

2. Scope

The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding.

1 point for public functions, 1 point for public funding

YES

3. Requesting Procedures

Requesters are not required to provide reasons for their requests.

Y/N answer 0 or 2 points

Article 20…The procedure for dissemination and (or) provision of information, except for the information specified in part five of this article and part one of article 17 of this Law, shall be determined by the agreement of the subjects of relevant information relations, unless otherwise provided by legislative acts of the Republic of Belarus. Article 21. Provision of publicly accessible information upon request The procedure for submitting requests for publicly accessible information, as well as the procedure for their consideration, is determined by legislative acts of the Republic of Belarus. Article 33. Rights and obligations of holder of information A holder of information, regarding the information held, shall be entitled to: allow or restrict access to information, [and (or)] determine the procedure and conditions for such access in accordance with the legislative acts of the Republic of Belarus;

The procedures for requests are to be developed by each information holder unless otherwise provided in legislation, so we do not know if reasons would be required by some information holders, but this seems quite likely.

3. Requesting Procedures

Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery).

Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc.

Article 21. Provision of publicly accessible information upon request The procedure for submitting requests for publicly accessible information, as well as the procedure for their consideration, is determined by legislative acts of the Republic of Belarus. Article 33. Rights and obligations of holder of information A holder of information, regarding the information held, shall be entitled to: allow or restrict access to information, [and (or)] determine the procedure and conditions for such access in accordance with the legislative acts of the Republic of Belarus;

As above, procedure for submitting a request can be determined by the information holder, and regulated under legislative acts of the Republic of Belarus

3. Requesting Procedures

There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law.

Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought.

YES

Article 21. Provision of publicly accessible information upon request A request for publicly accessible information may be made in written, electronic, or oral form.

Requests can be made in writing (whether electronically or otherwise) or orally. However procedures are not specified in this law and on some websites of state bodies, it is possible to send an appeal or request information only through a special form.

3. Requesting Procedures

Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification.

Score 1 point for help in formulation and 1 point for clarification procedures

Not mentioned

3. Requesting Procedures

Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled.

Score Yes=2 point, No=0

Not mentioned

3. Requesting Procedures

Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days.

Score 1 point for receipt, 1 point for max 5 working days

Not mentioned

3. Requesting Procedures

Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held.

Score: 1 point for information not held, 1 for referrals or 2 for transfers

Not mentioned

3. Requesting Procedures

Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record).

Score: 2 points for Yes, only 1 point if some limitations

Partially

Information can be provided in various ways, however preference of the requester is not mentioned

3. Requesting Procedures

Public authorities are required to respond to requests as soon as possible.

Score: No=0, Yes=2 points

Partially

Article 4. Principles of legal regulation of information relations Legal regulation of information relations shall be based on the following principles: • timeliness of provision, objectivity, completeness and authenticity of information; Article 6. Right to information Citizens of the Republic of Belarus shall be guaranteed the right to receive, store and disseminate complete, reliable and timely information about the activities of state bodies, public associations, political, economic, cultural and international life, [and (or)] the state of the environment in the order established by this law and other legislative acts of the Republic of Belarus. Article 33. Rights and obligations of holder of information A holder of information shall be obliged to: provide accurate, complete information within specified time frame;

A general concept of timeliness is mentioned as well as a timeframe - but not as soon as possible

3. Requesting Procedures

There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication).

Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less.

Partially

Article 33. Rights and obligations of holder of information A holder of information shall be obliged to: provide accurate, complete information within specified time frame;

Information holders are obliged to provide information within a time frame, but no specific details on that time frame are given

3. Requesting Procedures

There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension.

Not mentioned

3. Requesting Procedures

It is free to file requests.

Score: No=0, Yes=2 points

Partially

Article 22. Means of dissemination and (or) provision of publicly accessible information by a state body Dissemination and (or) provision of publicly accessible information shall be carried out free of charge, unless otherwise established by legislative acts of the Republic of Belarus.

In theory free of charge, but other legislative acts can state otherwise

3. Requesting Procedures

There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free.

Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional

Not mentioned

3. Requesting Procedures

There are fee waivers for impecunious requesters.

Not mentioned

3. Requesting Procedures

There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information.

Score: No=0, Yes=2 points

Article 1. Main terms used in this Law and their definitions • access to information – a possibility to acquire information, and to use it; Article 2. Scope of this Law This Law shall regulate social relations arising during: • search, receipt, transmission, collection, processing, accumulation, storage, dissemination and (or) provision of information, as well as use of information; Article 34. Rights and obligations of user of information A user of information shall be entitled to: • receive, disseminate and (or) provide information; • use information technologies, information systems and information networks; • get acquainted with their personal data; • pursue other actions in accordance with this Law and other legislative acts of the Republic of Belarus. A user of information shall be obliged to: • respect the rights and legitimate interests of other persons when using information technologies, information systems and information networks; • take measures to protect information, if such an obligation is established by legislative acts of the Republic of Belarus; • ensure safety of information, dissemination and (or) provision of which is restricted, and not to transfer it in whole or in part to third parties without the consent of the information owner; • perform other obligations in accordance with this Law and other legislative acts of the Republic of Belarus.

No charges or specific limitations, but other legislative acts of the Republic of Belarus can determine this. In practice there are cases when the state closes access to open data, and offers to use the information on a paid basis.

4. Exceptions & Refusal

The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict.

Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points.

Article 2. Scope of this Law The legislation of the Republic of Belarus may establish the peculiarities of legal regulation of information relations related to information constituting state secrets, to personal data, advertising, protection of children from information that harms their health and development, scientific and technical, statistical, legal, environmental and other information. Article 3. Legislation on information, informatization and protection of information Legislation on information, informatization and protection of information is based on the Constitution of the Republic of Belarus and consists of this Law, acts of the President of the Republic of Belarus, [and] other acts of legislation of the Republic of Belarus. If an international treaty of the Republic of Belarus establishes other rules than those contained in this Law, the rules of the international treaty shall be applied. Article 4. Principles of legal regulation of information relations Legal regulation of information relations shall be based on the following principles: • establishment of restrictions on dissemination and (or) provision of information only by legislative acts of the Republic of Belarus;

4. Exceptions & Refusal

The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities.

Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed

Partially

Article 15. Types of information Depending on the access category, information is divided into: • publicly accessible information; • information dissemination and / or provision of which is restricted. Article 17. Information dissemination and (or) provision of which is restricted Information dissemination and / or provision of which is restricted shall include: • information on the private life of an individual and personal data; • information constituting state secrets; • official information of restricted distribution; • information constituting a commercial, professional, banking, or other legally protected secret; • information contained in administrative offence cases, materials and criminal cases investigated by criminal prosecution bodies and courts until completion of proceedings; • other information that is restricted by legislative acts of the Republic of Belarus. The legal regime of information, the distribution and (or) provision of which is restricted, shall be determined by this Law and other legislative acts of the Republic of Belarus. Article 21. Provision of publicly accessible information upon request Publicly accessible information may be denied upon request if: • acquisition of the requested information requires analytical work that is not directly related to the protection of the rights and legitimate interests of the requester; • the requested information is published in official periodicals, mass media, or is publicly available on the official websites of state bodies on the global computer network Internet (hereinafter referred to as websites) or on other state information resources of the global computer network Internet; • the requested information has been previously provided to the requester; • the requested information is contained in memos, instructions by officials and other internal correspondence of a state body [and (or)] other legal entity, if such information is not directly related to the protection of the rights and legitimate interests of the person who requested publicly accessible information; • requested are copies of documents held by a state body [and (or)] a legal entity that belong to other state bodies [and (or)] legal entities, except in the case when the indicated state bodies [and (or)] legal entities have been liquidated without successors, and in other cases when it is impossible to receive such document copies from the indicated state bodies or legal entities according to the established procedure; • in other cases, established by legislative acts of the Republic of Belarus. The procedure for submitting requests for publicly accessible information, as well as the procedure for their consideration, is determined by legislative acts of the Republic of Belarus.

1. Point deduced for having publically accessible information and restricted information. In theory, access to information should apply to all information held by public bodies, subject to internationally accepted exceptions. Concerning information dissemination and (or) provision of which is restricted 2. Point deduced for “official information of restricted distribution” – very broad 3. Point deducted for “information constituting a commercial, professional, banking, or other legally protected secret” – very broad 4. Point deduced for “other information that is restricted by legislative acts of the Republic of Belarus” – very broad 5. Point deduced for “The legal regime of information, the distribution and (or) provision of which is restricted, shall be determined by this Law and other legislative acts of the Republic of Belarus.” The exceptions should be contained in this law Provision of publicly accessible information upon request 6. Point deduced for “the requested information is contained in memos, instructions by officials and other internal correspondence of a state body [and (or)] other legal entity, if such information is not directly related to the protection of the rights and legitimate interests of the person who requested publicly accessible information” – very broad 7. Point deduced for “requested are copies of documents held by a state body [and (or)] a legal entity that belong to other state bodies [and (or)] legal entities, except in the case when the indicated state bodies [and (or)] legal entities have been liquidated without successors, and in other cases when it is impossible to receive such document copies from the indicated state bodies or legal entities according to the established procedure;” – very broad 8. Point deduced for “in other cases, established by legislative acts of the Republic of Belarus” The exceptions should be contained in this law

4. Exceptions & Refusal

A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused.

Score 4 points and then deduct 1 point for each exception which is not subject to the harm test

Partially

Article 17. Information dissemination and (or) provision of which is restricted Information dissemination and / or provision of which is restricted shall include:  information on the private life of an individual and personal data;  information constituting state secrets;  official information of restricted distribution;  information constituting a commercial, professional, banking, or other legally protected secret;  information contained in administrative offence cases, materials and criminal cases investigated by criminal prosecution bodies and courts until completion of proceedings;  other information that is restricted by legislative acts of the Republic of Belarus. The legal regime of information, the distribution and (or) provision of which is restricted, shall be determined by this Law and other legislative acts of the Republic of Belarus. Article 18[1]. Official information of restricted distribution Official information of restricted distribution shall include information related to the activities of a state body or legal entity, dissemination and (or) provision of which may cause harm to the national security of the Republic of Belarus, public order, morals, rights, freedoms and legitimate interests of individuals, including their honor and dignity, personal and family life, as well as the rights and legitimate interests of legal entities, and which is not classified as a state secret. Information shall be classified as official information of restricted distribution in accordance with the list of information classified as official information of restricted distribution, determined by the Council of Ministers of the Republic of Belarus, as well as in cases stipulated by the laws of the Republic of Belarus and decisions of the President of the Republic of Belarus. The decision to classify information as official information of restricted distribution shall be made by the head of a state body, legal entity or by a person authorized by them.

Within restricted information in Article 17 is "official information of restricted distribution" Article 18[1] seems to create a harm test for this particular category of restricted information Official information of restricted distribution shall include information related to the activities of a state body or legal entity, dissemination and (or) provision of which may cause harm to the national security of the Republic of Belarus, public order, morals, rights, freedoms and legitimate interests of individuals, including their honor and dignity, personal and family life, as well as the rights and legitimate interests of legal entities, and which is not classified as a state secret. However in terms of the other categories of information of restricted dissemination, and the exceptions under "publically accessible" information, there is no harm test

4. Exceptions & Refusal

There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity.

Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory.

Article 16. Publicly accessible information Publicly accessible information shall include information the dissemination and (or) provision of which is not restricted. May not be restricted access to information, dissemination and (or) provision of information: • on the rights, freedoms, legitimate interests and obligations of individuals, rights, legitimate interests and obligations of legal entities and on the procedure for the implementation of rights, freedoms and legitimate interests, and performance of duties; • on the activities of state bodies and non-governmental associations; • on the legal status of state bodies, with the exception of information that is restricted by legislative acts of the Republic of Belarus; • on the socio-economic development of the Republic of Belarus and its administrative-territorial units; • on emergency situations, environmental, sanitary and epidemiological conditions, hydrometeorological and other information reflecting the state of public safety; • on the state of health care, demography, education, culture, [and (or)] agriculture; • on the state of crime, as well as on the facts of violation of the law; • on benefits and compensation provided by the state to individuals and legal entities; • on the size of the gold reserve; • on overall external debt indicators; • on the state of health of officials holding positions included in the list of senior public positions of the Republic of Belarus; • accumulated in open collections of libraries and archives, information systems of state bodies, individuals and legal entities created (intended) for information service of individuals.

There is no specific public interest test applicable to restrictions, howvere there is publically accessible information that cannot be restricted

4. Exceptions & Refusal

Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old.

Score 1 point for each

Not mentioned

4. Exceptions & Refusal

Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information.

Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals.

Not mentioned

4. Exceptions & Refusal

There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed.

Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted

Not mentioned

4. Exceptions & Refusal

When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures.

Score Y/N: 1 point for a and 1 point for b

Not mentioned

5. Appeals

The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less).

Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals.

Article 21 on the provision of publicly accessible information upon request states that “the procedure for submitting requests for publicly accessible information, as well as the procedure for their consideration, is determined by legislative acts of the Republic of Belarus.”

There is a law of the Republic of Belarus “On petitions (appeals) of citizens and legal entities” of 18 July 2011. The legislation on citizens' appeals is used in practice when considering FoI requests. At the same time, the legislation on citizens' appeals does not have any specific procedure directly for FoI requests.

5. Appeals

Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman).

1 for partial, 2 for yes

not mentioned

5. Appeals

The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed.

Score: 1 point for appointment procedure, 1 point for security of tenure

Not mentioned

5. Appeals

The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence.

Score 1 point for reports to parliament, 1 point for budget approved by parliament

Not mentioned

5. Appeals

There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise.

Score 1 point for not politically connected, 1 point for professional expertise

Not mentioned

5. Appeals

The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies.

Score 1 point for reviewing classified documents, 1 point for inspection powers

Not mentioned

5. Appeals

The decisions of the independent oversight body are binding.

Score N=0, Y=2 points

Not mentioned

5. Appeals

In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information.

1 for partial, 2 for fully

Not mentioned

5. Appeals

Requesters have the right to lodge a judicial appeal.

1 for partially, 2 for fully.

Not mentioned

5. Appeals

Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance.

1 for free, 1 for no lawyer required.

Not mentioned

5. Appeals

Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance.

1 for free, 1 for no lawyer required.

Not mentioned

5. Appeals

The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.).

Score 1 point for appealing refusals, additional points for appealing other violations.

Not mentioned

5. Appeals

Clear procedures, including timelines, are in place for dealing with external appeals.

Score 1 point for clear procedures, 1 point for timelines.

Not mentioned

5. Appeals

In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.

Score Y/N and award 2 points for yes.

Not mentioned

5. Appeals

The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management)

1 for partial, 2 for fully.

Not mentioned

6. Sanctions & Protections

Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information.

Score 1 point for sanctions for underming right, 1 point for destruction of documents

Article 27. Aims of protection of information Aims of protection of information shall be:  prevention of unauthorized access, destruction, modification (changing), copying, dissemination and (or) provision of information, of blocking of legitimate access to information, as well as of other wrongful actions. Article 30. Organizing protection of information Protection of information shall be organized: • with regard to publicly accessible information – by a person who disseminates and (or) provides such information; • with regard to information dissemination and (or) provision of which is restricted – by the owner or operator of the information system containing such information, or by the holder of information, if such information is not contained in the information systems; • by other persons in cases specified by this Law and other legislative acts of the Republic of Belarus. Article 41. Liability for violation of the legislation on information, informatization and protection of information Violation of the legislation on information, Informatization and protection of information entails liability in accordance with the legislative acts of the Republic of Belarus.

Article 27 states that "Aims of protection of information" shall be prevention of unauthorized access, destruction, modification (changing), copying, dissemination and (or) provision of information, of blocking of legitimate access to information, as well as of other wrongful actions. 'Subjects of information relations' are obliged to prevent such activity. According to Article 41 sanctions are regulated outside of this law

6. Sanctions & Protections

There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them).

Score 1 point for either remedial action or sanctions, 2 points for both

Article 41. Liability for violation of the legislation on information, informatization and protection of information Violation of the legislation on information, Informatization and protection of information entails liability in accordance with the legislative acts of the Republic of Belarus.

Not regulated within this law

6. Sanctions & Protections

There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers).

Score 2 for strong protections, 1 for moderate protections

Not mentioned

7. Promotional Measures

Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations.

Score Y/N, Y=2 points

Article 29. Measures for protection of information State bodies and legal entities that process information dissemination and (or) provision of which is restricted shall identify relevant units or designated persons responsible for protection of information.

Officals/units are dedicated to the protection of information, rather than disclosure obligations

7. Promotional Measures

A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information.

Score Y/N, Y=2 points

Not mentioned

7. Promotional Measures

Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law.

Score Y/N, Y=2 points

Not mentioned

7. Promotional Measures

A system is in place whereby minimum standards regarding the management of records are set and applied.

Score Y/N, Y=2 points

Partially

Article 24. State registration of information resources State registration of information resources shall be carried out in order to create a unified system of accounting and preservation of information resources, to create conditions for their transfer to state archival storage, to inform state bodies, individuals and legal entities about the composition and content of information resources in the Republic of Belarus. State registration of information resources shall be carried out by the Ministry of Communications and Informatization of the Republic of Belarus through adding information about information resources into the State register of information resources. The procedure for state registration of information resources, with the exception of information resources specified in part four of this article, and the procedure for maintaining the State register of information resources shall be determined by the Council of Ministers of the Republic of Belarus. The procedure for registration of information resources generated by the state security bodies of the Republic of Belarus shall be defined by the Committee on State Security of the Republic of Belarus (KGB). State information resources shall be subject to state registration.

Yes: Article 24, although no procedural specifics are outlined and the capacity to set such specifics is at the discretion of the Council of Ministers of the Republic of Belarus.

7. Promotional Measures

Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public.

Score Y/N, Y=2 points

Partially

Article 18[1]. Official information of restricted distribution Access to the list of information classified as official information of restricted distribution, determined by the Council of Ministers of the Republic of Belarus in accordance with part two of this article, as well as to the procedure for applying restrictive marking "For official use only" and management of documents containing official information of restricted distribution, determined by the Council of Ministers of the Republic of Belarus in accordance with part four of this article, may not be restricted. Article 23. Types of information resources. Legal regime of information resources Information resources shall be divided into state and non-state resources. The list of state information resources, the procedure for their formation, as well as the use of documented information from state information resources are determined by legislative acts of the Republic of Belarus and (or) resolutions of the Council of Ministers of the Republic of Belarus. Article 25. Creation and use of information technologies, information systems and information networks State information systems shall be created for the purpose of providing publicly accessible information, ensuring its objectivity, completeness and reliability, providing information services, optimizing the activities of state bodies and providing for information exchange between them.

Article 23 states that the list of state information resources is determined by legislative acts and or resolutions of the Council of Ministers

7. Promotional Measures

Training programs for officials are required to be put in place.

Score Y/N, Y=2 points

Not mentioned

7. Promotional Measures

Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with.

Score Y/N, Y=2 points

Partially

Article 22[1]. Dissemination of publicly accessible information by a state body At a state body, the following information must be posted in a place accessible for viewing, with the exception of information dissemination and (or) provision of which is restricted: on the work with requests from individuals and legal entities; Republican bodies of public administration subordinate to the Government of the Republic of Belarus, local executive and administrative bodies, shall annually publish publicly accessible information on the results of their work in the previous year related to the main activities of these state bodies, on websites and in mass media no later than March 1 of the year subsequent to the reporting year.

State bodies must publish on their website their "work with request from individuals and legal enrtities" as well as annual "information on the results of their work in the previous year related to the main activities of these state bodies".

7. Promotional Measures

A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law.

Score Y/N, Y=2 points

Not mentioned

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