Taiwan
Name of law: The Freedom of Government Information Law
First adopted: 2005
Last modified: n/a
RTI Rating last updated: n/a
First adopted: 2005
Last modified: n/a
RTI Rating last updated: n/a
Introduction
This law is extremely problematic, which relegates it to a well below average law. Flaws of the scheme are that it is completely devoid of promotional measures, is vague on the procedure and offers weak and ambiguous sanctions for those public authorities or individuals who are undermining the right to information in practice. The law also contains a puzzling provision which states that foreigners are only allowed to make requests if Chinese nationals are allowed to make requests in their country. This clause seems to be a result of the legislature’s misunderstanding of the nature of access to information, which should be treated as a fundamental right rather than used as a tool to promote national recognition.
Local Expert: Chi-Hsun Tsai
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 2 | 6 |
| 2 | Scope | 18 | 30 |
| 3 | Requesting Procedures | 10 | 30 |
| 4 | Exceptions & Refusal | 17 | 30 |
| 5 | Appeals | 6 | 30 |
| 6 | Sanctions & Protections | 1 | 8 |
| 7 | Promotional Measures | 2 | 16 |
| ∑ = 56 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | 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. | 2 | NO | 0 | N/A | Not mentioned |
1. Right of Access |
2 | 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 | 2 | NO | 0 | N/A | Not mentioned |
1. Right of Access |
3 | 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. | 2 | YES | 2 | 1 This Law is enacted to establish the institution for the publication of government information, facilitate people to share and fairly utilize government information, protect people’s right to know, further people’s understanding, trust and overseeing of public affairs, and encourage public participation in democracy. | Article 1 |
2. Scope |
4 | 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. | 2 | Partially | 1 | 9 The nationals of the Republic of China who register their permanent residence in the Republic of China and the legal persons or groups that are established by the nationals may request government agencies to provide government information in accordance with this Law. The same procedure shall also apply to the nationals holding a passport of the Republic of China who reside overseas. Foreigners may request government information in accordance with this Law only when the laws of their countries do not restrict the nationals of the Republic of China from requesting government information of such country. | Art 9 - limited to citizens and residents, but includes legal persons. Foreigners are allowed to request info only if ROC nationals can request info in their countries; this is restrictive enough to cost a point. |
2. Scope |
5 | 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. | 4 | Partially | 3 | 3 “Government information” as defined in the Law means information which a government agency produces or acquires within its respective authority and is saved in the forms of documents, pictures, photos, magnetic disks, magnetic tapes, optical disks, microfilms, integrated circuits chips or others which can be read, seen, listened or understood with the assistance of technology or auxiliary methods. | Art 3 - "produces or acquires". However, it is limited to information "a government agency produces or acquires within its respective authority". |
2. Scope |
6 | 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. | 2 | Partially | 1 | 3 “Government information” as defined in the Law means information which a government agency produces or acquires within its respective authority and is saved in the forms of documents, pictures, photos, magnetic disks, magnetic tapes, optical disks, microfilms, integrated circuits chips or others which can be read, seen, listened or understood with the assistance of technology or auxiliary methods. 10 Each person who requests the government agency to provide the government information shall submit a written application specifying the following matters: 1. Name, date of birth, ID number, address and telephone number of the applicant. Where the applicant is a legal person or group, the name, registered number and business location. Where the applicant is a foreigner, foreign legal person or group, the nationality, passport number and related certifications shall also be specified. 2. Where the applicant having a legal agent or representative, the name, date of birth, and domicile. 3. The gist of content and number of the requested government information. 4. The purpose of requesting the government information. 5. Date of application. The request referred to in paragraph 1 may be made by mail. The request may be made in the form of electronic transmission after authenticated by a certification authority of electronic signature. 5. Date of application. The request referred to in paragraph 1 may be made by mail. The request may be made in the form of electronic transmission after authenticated by a certification authority of electronic signature. | No - according to Articles 3 and 10 you can only ask for specific documents |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 4 A government agency as defined in the Law means any of the central government agencies, local government agencies, and institutes for experiment, research, education, culture, medicine, and management of special funds that are established by those agencies. Individuals, legal persons or entities that are delegated to exercise the state power are treated as government agencies within the scope of such delegation. | Art 4 - any central or local government agency - this covers all of the executive according to our expert. |
2. Scope |
8 | 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 | 4 | Partially | 2 | 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 applies to the legislature, but excludes records of inter-party negotiation procedures as well as the minutes of Ad hoc Committees. |
2. Scope |
9 | 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 |
2. Scope |
10 | 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 | 2 | NO | 0 | N/A | No |
2. Scope |
11 | 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 | 2 | YES | 2 | N/A | Yes - http://www.twmedia.org/filedonwload/ncc/ncc_04.pdf |
2. Scope |
12 | 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 | 2 | NO | 0 | 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. | Covers bodies established by government agencies but not private bodies that get funding or which conduct public functions. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | NO | 0 | 10 Each person who requests the government agency to provide the government information shall submit a written application specifying the following matters: (...) 4. The purpose of requesting the government information. | Art 10(4) |
3. Requesting Procedures |
14 | 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. | 2 | NO | 0 | 10 Each person who requests the government agency to provide the government information shall submit a written application specifying the following matters: 1. Name, date of birth, ID number, address and telephone number of the applicant. Where the applicant is a legal person or group, the name, registered number and business location. Where the applicant is a foreigner, foreign legal person or group, the nationality, passport number and related certifications shall also be specified. | Art 10: 1. date of birth, ID number and telephone number of the applicant are all required |
3. Requesting Procedures |
15 | 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. | 2 | YES | 2 | 10 Each person who requests the government agency to provide the government information shall submit a written application specifying the following matters: 1. Name, date of birth, ID number, address and telephone number of the applicant. Where the applicant is a legal person or group, the name, registered number and business location. Where the applicant is a foreigner, foreign legal person or group, the nationality, passport number and related certifications shall also be specified. 2. Where the applicant having a legal agent or representative, the name, date of birth, and domicile. 3. The gist of content and number of the requested government information. 4. The purpose of requesting the government information. 5. Date of application. The request referred to in paragraph 1 may be made by mail. The request may be made in the form of electronic transmission after authenticated by a certification authority of electronic signature. 5. Date of application. The request referred to in paragraph 1 may be made by mail. The request may be made in the form of electronic transmission after authenticated by a certification authority of electronic signature. | Procedure is relatively straightforward, and allows requests by mail or electronically. |
3. Requesting Procedures |
16 | 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 | 2 | Partially | 1 | 11 The government agency shall notify the applicant to correct the request within seven days if it is remediable. The government agency may disallow the request without consulting anyone if it is not remediable or not corrected before the deadline. | Art 11 - but only in some instances. |
3. Requesting Procedures |
17 | 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 | 2 | YES | 2 | N/A | Yes - People with Disabilities Rights Protection Act |
3. Requesting Procedures |
18 | 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 | 2 | NO | 0 | N/A | Not mentioned |
3. Requesting Procedures |
19 | 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 | 2 | YES | 2 | 17 Where the requested information is not produced or acquired by the requested agency within its respective authority, the requested agency shall, in addition to explaining the situation, pass to other able agencies and notify the applicant if affirming that other government agencies produced or acquired the information within its respective authority. | Art 17 provides for referrals, with an explanation to the applicant. |
3. Requesting Procedures |
20 | 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 | 2 | NO | 0 | 13 Once a government agency approves a request for government information, it can provide a copy of the information or allow the applicant to browse, transcribe or photograph upon the type of medium where the information is saved. If the information requested involves intellectual property issues or is hard to make a copy of, the government agency may allow the information to be browsed only. If the government information requested had been made available to the public actively in accordance with any laws or paragraph 1-3 of Article 8 of this Law, the government agency may inform the applicant of the way to obtain the information instead of providing it. | No - it is at their discretion how access is to be provided (Art 13) |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
22 | 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. | 2 | YES | 2 | 12 Within fifteen days of receiving the request for government information, the government agency shall determine whether to approve such a request; the time may be extended for no longer than fifteen days if necessary. (...) | 15 days = about 10 working days. |
3. Requesting Procedures |
23 | 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. | - | 2 | Partially | 1 | 12 Within fifteen days of receiving the request for government information, the government agency shall determine whether to approve such a request; the time may be extended for no longer than fifteen days if necessary. (...) | Art 12 - maximum extension of 15 additional days, but no requirement for notification. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | NO | 0 | A government agency may charge a fee according to the purpose of requesting the government information, when making available or providing such information in accordance with this Law. The fees may be reduced or waived if the applicant requests the government information for academic research or public interest use. The fees as referred to in paragraph 1 shall include the costs of searching, examining, copying and duplicating the government information. The standard of such fees shall be made by each respective government agency. | No - Art 22 |
3. Requesting Procedures |
25 | 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 | 2 | NO | 0 | Art 22 deals with fees - no limits mentioned. | |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | 22 A government agency may charge a fee according to the purpose of requesting the government information, when making available or providing such information in accordance with this Law. The fees may be reduced or waived if the applicant requests the government information for academic research or public interest use. The fees as referred to in paragraph 1 shall include the costs of searching, examining, copying and duplicating the government information. The standard of such fees shall be made by each respective government agency. | Art 22 - only waivers for scholarly and public interest research. |
3. Requesting Procedures |
27 | 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 | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
28 | 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. | 4 | NO | 0 | 2 Government information shall be made available to the public in accordance with the Law, except which regulated in other laws, the provisions of that law shall prevail. | No - article 2 |
4. Exceptions & Refusal |
29 | 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 | 10 | Partially | 7 | 18 The government information as follows shall be restricted from making available to the public or provision: 1. Classified by law as national secrets, required to maintain confidentiality or prohibited from provision to the public according to other laws, regulations, or orders. 4. Making available to the public or provision of the information will make difficult or disrupt the purpose of such works, where the government agency acquired or produced such information to enforce the works of supervision, management, investigation or ban. 8. Making available to the public or provision of the cultural heritage that requires special management will possibly destruct or decrease its values. | 18(1), 18(4) - overly broad, 18(8) - cultural heritage |
4. Exceptions & Refusal |
30 | 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 | 4 | YES | 4 | N/A | Not mentioned. |
4. Exceptions & Refusal |
31 | 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. | 4 | Partially | 1 | 18 The government information as follows shall be restricted from making available to the public or provision: 3. The draft for internal use or other preparatory works before the government agency make a decision. Such works can be made available to the public or be provided if deemed necessary to public interest. 6. Making available to the public or provision will invade personal privacy, professional secrets, or authors’ ventilating right, except where it is necessary for public interest, protects people’s life, body, health, or is consented by the person concerned. 7. Making available to the public or provision of the information about trade secrets or business operations of a person, legal person or group will hamper the right, competitive position or just interests of such person, legal person or group, except where it is necessary for public interest, protects people’s life, body, health, or is consented by the person concerned. | A public interest override applies to a few of the exceptions - 18(3), 18(6), 18(7), |
4. Exceptions & Refusal |
32 | 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 | 2 | Partially | 1 | 19 A government agency shall accept the request of the government information that contains restricted contents as referred in Article 18 if there is a change in situation and it is no longer necessary to restrict the publication or refuse the provision of such information. | Art 19 states this, but without clear timelines. |
4. Exceptions & Refusal |
33 | 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. | 2 | YES | 2 | 12 (...) If the information referred to in paragraph 1 involves the right of a particular person, legal person or group, the government agency shall notify the particular person, legal person or group to make a comment within ten days, except that the particular person, legal person or group had agreed to provide or make available to the public. If the location of the particular person, legal person or group referred to in paragraph 2 is unknown, the government agency shall announce the content of notification in public. If the particular person, legal person or group referred to in paragraph 2 make no comment within ten days, the government agency shall determine without consulting anyone. | Art 12 |
4. Exceptions & Refusal |
34 | 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 | 2 | YES | 2 | 18 The government information as follows shall be restricted from making available to the public or provision: (...) Government information containing materials that are restricted from making available to the public or provision, as specified in the above paragraphs, shall make other part of such information available to the public or be provided. | Art 18 |
4. Exceptions & Refusal |
35 | 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 | 2 | NO | 0 | 16 The government agency shall notify the applicant in writing of the way of provision, date, fee and method of payment, or the outcome of correction or supplement when the government agency approves the request for providing, correcting or supplementing the government information, unless the payment and acquisition of documents are made on the spot. If the content of the information referred to in paragraph 1 shall not be deleted or would not be appropriate to be deleted, the government agency may note and supplement the content that should be corrected. The government agency shall notify the applicant in writing when the government agency rejects the request of providing, correcting or supplementing the government information in whole or in part. The notification of approval may be made in the form of electronic transmission when the request for providing, correcting or supplementing the government information is made in electronic transmission in accordance with paragraph 2 of Article 10 or paragraph 3 of Article 14, or when the address of electronic transmission is noted in the request. | Art 16 - no such requirements. |
5. Appeals |
36 | 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. | 2 | YES | 2 | 20 An applicant who has an objection to the decision made by a government agency for the request of providing, correcting or supplementing the government information may seek for administrative relief as provided by law. | Art 20 |
5. Appeals |
37 | 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 | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
38 | 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 | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
39 | 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 | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
40 | 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 | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
41 | 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 | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
43 | 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 | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 20 An applicant who has an objection to the decision made by a government agency for the request of providing, correcting or supplementing the government information may seek for administrative relief as provided by law. | Art 20 |
5. Appeals |
45 | 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. | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
46 | 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. | 4 | Partially | 1 | N/A | Appeals are only for refusals. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | N/A | Procedures are contained in Article 57 to 94 of Administrative Litigation Act |
5. Appeals |
48 | 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. | 2 | NO | 0 | N/A | No - the opposite is true. |
5. Appeals |
49 | 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. | 2 | NO | 0 | N/A | No - there is no such power. |
6. Sanctions & Protections |
50 | 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 | 2 | Partially | 1 | 23 Government employees shall be punished or reprimanded according to law and the severity of the offense if they violate the relevant provisions set forth in this Law when performing duty. | Art 23 - but the specifics are vague. |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | NO | 0 | N/A | Not mentioned |
6. Sanctions & Protections |
53 | 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 | 2 | NO | 0 | N/A | No such law exists. |
7. Promotional Measures |
54 | 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 | 2 | NO | 0 | N/A | Not mentioned |
7. Promotional Measures |
55 | 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 | 2 | NO | 0 | N/A | No requirement |
7. Promotional Measures |
56 | 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 | 2 | NO | 0 | N/A | Some departments have done this, but there is no specific requirement, |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 7 The information shall be made available to the public actively as follows, except for the information referred to in Article 18 that is restricted from making available to the public or provision: 1. Treaties, diplomatic documents, laws, Emergency Orders, regulations and orders which are made in accordance with the Central Regulatory Standardization Law, and local autonomous laws and regulations. 2. The interpretary orders and discretionary standards made by government agencies for helping the inferior government agencies or the subordinates to interpret the laws consistently, find the facts, and exercise the discretionary power. 3. The structures, duties, addresses, telephone numbers, fax numbers, websites and e-mail addresses of government agencies. 4. Documents about administrative guidance. 5. Administrative plans, statistics and research reports. 6. Budgets and audits. 7. The results of petitions and the decisions of administrative appeals. 8. Documents related to public works and procurements. 9. Subsidies that are paid or accepted. 10. Meeting records of the agencies based on a collegiate system. “Research reports” as defined in paragraph 1, subparagraph 5, means the reports produced by experts or scholars that are funded and authorized by a government agency, or by government employees who are sent overseas for survey, study, research, or intern. “Meeting records of the agencies based on a collegiate system” as defined in paragraph 1, subparagraph 10, means records consisting of gist of motions, programs, content of resolutions and list of the members who attend the meeting of the agency in which each member exercises the authority independently according to law. | Art 7 |
7. Promotional Measures |
58 | 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 | 2 | NO | 0 | N/A | Not a requirement. |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | No such requirement. |
7. Promotional Measures |
60 | 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 | 2 | NO | 0 | N/A | No such requirement. |
7. Promotional Measures |
61 | 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 | 2 | NO | 0 | N/A | No such requirement. |
