Kurdistan region of Iraq
Name of law: Right to Access Information Law in Kurdistan Region-Iraq
First adopted: 2013
First adopted: 2013
Introduction
Iraqi Kurdistan's law is a relatively progressive piece of legislation, especially in the area of scope and promotional measures. However, there is room for improvement in terms of creating more detailed requesting procedures, ensuring that all exceptions are harm-tested, and establishing sanctions for obstruction of access or protection for good faith disclosures pursuant to the law. The Law should also create a dedicated oversight body for information appeals (such as an information commission), instead of allocating this task to the existing Human Rights Commission in the Kurdistan Region.
Colaborators
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 5 | 6 |
| 2 | Scope | 26 | 30 |
| 3 | Requesting Procedures | 12 | 30 |
| 4 | Exceptions & Refusal | 23 | 30 |
| 5 | Appeals | 18 | 30 |
| 6 | Sanctions & Protections | 2 | 8 |
| 7 | Promotional Measures | 12 | 16 |
| ∑ = 98 | ∑ = 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 | YES | 2 | N/A | 19(11) of the Kurdish constitution. |
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 | YES | 2 | 4. Every natural or legal person has the right to know and to access information held by the institutions, and to receive a copy of the documents he is asking for unless it is excluded from publishing according to Article (14) of this law. 5. Every person has the right to submit a request to receive information, if the institution has the document containing the information requested, it has to present a copy of the document to the person making the request. | |
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 | Partially | 1 | 2. This law aims to: First: all the citizens of the region to practice their right in accessing information held by the public and privet institutions in accordance to this law. Second: supporting the principle of transparency and active participation to strengthen the democratic process. Third: create an environment supportive of freedom of expression and publication. |
Weak statement of benefits. |
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 | 2. This law aims to: First: all the citizens of the region to practice their right in accessing information held by the public and privet institutions in accordance to this law. Second: supporting the principle of transparency and active participation to strengthen the democratic process. Third: create an environment supportive of freedom of expression and publication. 4. Every natural or legal person has the right to know and to access information held by the institutions, and to receive a copy of the documents he is asking for unless it is excluded from publishing according to Article (14) of this law. 5. Every person has the right to submit a request to receive information, if the institution has the document containing the information requested, it has to present a copy of the document to the person making the request. | Not clear; 2(1) refers to the right of citizens but 4 and 5 refers to all persons. |
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 | YES | 4 | 1. For the purpose of this law, these terms mean the definition assigned to each of them: Eighth: Information: verbal data, or written, or records, statistics, written documents or photocopied, recorded or saved electronically or in other way. Ninth: Document: the medium used to record the Information regardless of its shape, form, source, date of issue or legal statute. | |
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 | YES | 2 | 1. For the purpose of this law, these terms mean the definition assigned to each of them: Ninth: Document: the medium used to record the Information regardless of its shape, form, source, date of issue or legal statute. 5. Every person has the right to submit a request to receive information, if the institution has the document containing the information requested, it has to present a copy of the document to the person making the request. | |
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 | 7 | 1. For the purpose of this law, these terms mean the definition assigned to each of them: Fourth: Public institutions: all institutions; legislative, executive, judicial, administrative, local and independent commissions. Fifth: private institutions: public sector companies or any non-governmental organization or commission managing a public facility or funded by the government or a commerce or profession which has legal personality. | Not clear that head of the Kurdish region or other senior officials are covered, could be clearer with respect to schools, etc. |
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 | YES | 4 | 1. For the purpose of this law, these terms mean the definition assigned to each of them: Fourth: Public institutions: all institutions; legislative, executive, judicial, administrative, local and independent commissions. |
|
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 | YES | 4 | 1. For the purpose of this law, these terms mean the definition assigned to each of them: Fourth: Public institutions: all institutions; legislative, executive, judicial, administrative, local and independent commissions. | |
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 | YES | 2 | 1. For the purpose of this law, these terms mean the definition assigned to each of them: Fifth: private institutions: public sector companies or any non-governmental organization or commission managing a public facility or funded by the government or a commerce or profession which has legal personality. | |
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 | Partially | 1 | 1. For the purpose of this law, these terms mean the definition assigned to each of them: Fourth: Public institutions: all institutions; legislative, executive, judicial, administrative, local and independent commissions. | Commissions are covered but not clear that all statutory bodies are. |
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 | Partially | 1 | 1. For the purpose of this law, these terms mean the definition assigned to each of them: Fourth: Public institutions: all institutions; legislative, executive, judicial, administrative, local and independent commissions. | Funded bodies are covered; not clear about public functions, although NGOs are covered. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | NO | 0 | N/A | Not mentioned. |
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 | YES | 2 | 7. Second: Public or privet institutions can prepare its own template for the requests to access information to include clear statement of the requested information and the name and contact details of the person making the request as long as information requested to fill this template do not become a burden on those who are submitting it, the institutions can upload these templates on their websites. | Could be a bit clearer, but full points still warranted. |
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 | Partially | 1 | 7. Second: Public or privet institutions can prepare its own template for the requests to access information to include clear statement of the requested information and the name and contact details of the person making the request as long as information requested to fill this template do not become a burden on those who are submitting it, the institutions can upload these templates on their websites. Third: the request to access information has to be written request, unless this was not possible then it is acceptable to make a verbal request. | Can require a form, and it is not clear that requests can be submitted 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 | NO | 0 | N/A | Not mentioned. |
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 | NO | 0 | N/A | Not mentioned. |
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 | Partially | 1 | 7. Fourth: the institution (public and privet) should register the request as soon as it is received regardless if the request is accepted or rejected. It is illegal not to register a request to access information. | Must register requests, but not clear that the requester will be provided with a receipt. |
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 | 10. First: with the specialized employee receives the request, he should enquire if the institution has the requested document or not, if the institution does not have the documents and he thought it exist with another relevant public institution, he should either transfer the request to this institution or inform the person making the request and help him to reach this organization. Second: the period to respond to the request is calculated from the date the request is transferred to the relevant institution. | |
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 | YES | 2 | 9. Frist: the person requesting the information should explain the easiest way for him to receive the information requested, the public or privet institution should fulfill his request. Second: the public or privet institutions should answer the following demands when they are made: 1-An original version of the document in the form it is available at the institution. 2-The right, when it is necessary, to examine the document using equipment owned by the institution itself. 3-The right to copy the document inside the institution using equipment owned by the person. 4-A copy of the document, printed or recorded, audio or video, if it was possible to make these copies using the equipment available at the institution. 5-Prepare an accurate summarized version from the original document or another format of the original document. Third: the institution has the right to refuse providing the information in the forms stated in the previous paragraph if this harms the document. Fourth: if the document is available in different languages, it should be provided to the person in the language/languages requested. | |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | Partially | 1 | 8. Second: if the information being requested is ready and there is no need to make an effort or additional work to prepare it, then it possible to provide the information to the person requesting on the phone, through the email or orally. | The phrase "if the information is ready" is not clear. |
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 | 7. Fifth: the public or privet institution should answer the request within ten days starting from the it was received, if the request asks for big amount of information, or if it was necessary to consult with a third party, then it can extend the time of response for one time only and for a period that does not exceed 15 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 | 7. Fifth: the public or privet institution should answer the request within ten days starting from the it was received, if the request asks for big amount of information, or if it was necessary to consult with a third party, then it can extend the time of response for one time only and for a period that does not exceed 15 days. | Not clear that you have to inform the requester. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
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 | N/A | Simply states that the requester must cover the cost. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | Not mentioned. |
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 | YES | 4 | 14. Third: other exclusions included in other laws applied in the Region as long as they do not contradict this law. | |
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 | 9 | 14. Second: the public or privet institution has the right to decline providing information in the following circumstances: 1-Secrets related to the defense of the Region and its security (details of the weaponry and military equipment, secret military and security missions, the tactical and defensive maneuvers and intelligence information). 2-Information that if it reveled could influence the course of negotiation conducted by the Region with any other party, or if both party agreed to it secrecy until it is officially announced. 3-Information that if it is to be reveled will influence the course of investigations or the court. 4-Information if it is reveled will undermine the legitimate competition, author’s right or intellectual property. 5-Personal records and data; educational, medical, employment, bank details or professional secrets without the consent of the individual and all other information that could endanger the health and safety of a citizen and puts him at risk. 6-If the revelation of the information could cause the penetration protected internet networks and endanger its content of theft or manipulation. | The phrase "if both party agreed" is illegitimate. |
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 | Partially | 2 | 14. Second: the public or privet institution has the right to decline providing information in the following circumstances: 1-Secrets related to the defense of the Region and its security (details of the weaponry and military equipment, secret military and security missions, the tactical and defensive maneuvers and intelligence information). 2-Information that if it reveled could influence the course of negotiation conducted by the Region with any other party, or if both party agreed to it secrecy until it is officially announced. 3-Information that if it is to be reveled will influence the course of investigations or the court. 4-Information if it is reveled will undermine the legitimate competition, author’s right or intellectual property. 5-Personal records and data; educational, medical, employment, bank details or professional secrets without the consent of the individual and all other information that could endanger the health and safety of a citizen and puts him at risk. 6-If the revelation of the information could cause the penetration protected internet networks and endanger its content of theft or manipulation. | Defence and categories of personal data have no harm test. |
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 | YES | 4 | 14. First: it is not permitted for a public or privet institution to refuse to give information to protect an interest included in paragraph (Second) of this Article if the public interest required the revelation of this information. | |
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 | 14. Fourth: the information excluded from revelation in points 1, 2 and 3 paragraph Two of this Article will be made public after 20 years. | No mention of as soon as possible; limitation for public grounds for secrecy. |
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 | NO | 0 | N/A | Not mentioned. |
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 | Partially | 1 | 8. First: if the public or privet institution accepts the request, it should give the information directly to the person making the request. Second: if the information being requested is ready and there is no need to make an effort or additional work to prepare it, then it possible to provide the information to the person requesting on the phone, through the email or orally. Third: if the request was rejected, partially or fully, then the specialized employee should explain, in a response to the person making the request, the reason for refusal, the reason for refusal cannot differ from the following: 1. The institution does not have the requested information. 2. The information requested is within the range exclusion defined by this law. 3. The information requested has been published with a reference to the date and place of its publication, or if it is available on a website or if it was given to the same person 6 months earlier. 4. Make a reference that the person who made the request has a right to refer the request to the court of first instance. | This is implied by the phrase "partially or fully" rejected, but not stated clearly |
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 | YES | 2 | 8. First: if the public or privet institution accepts the request, it should give the information directly to the person making the request. Second: if the information being requested is ready and there is no need to make an effort or additional work to prepare it, then it possible to provide the information to the person requesting on the phone, through the email or orally. Third: if the request was rejected, partially or fully, then the specialized employee should explain, in a response to the person making the request, the reason for refusal, the reason for refusal cannot differ from the following: 1. The institution does not have the requested information. 2. The information requested is within the range exclusion defined by this law. 3. The information requested has been published with a reference to the date and place of its publication, or if it is available on a website or if it was given to the same person 6 months earlier. 4. Make a reference that the person who made the request has a right to refer the request to the court of first instance. | |
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 | NO | 0 | N/A | Not mentioned. |
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 | YES | 2 | 3. The commission can add to its tasks specified in law No (4) year 2010, in issues related to monitor the implementation of this law, the following mandate and tasks: Third: receive complaints, investigate them as soon as possible and take the appropriate measures. | Part of commission's mandate but could be clearer as a right. |
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 | YES | 2 | N/A | HRC Law, benefit of doubt given. |
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 | YES | 2 | N/A | HRC Law, benefit of doubt given. |
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 | YES | 2 | N/A | HRC Law, benefit of doubt given. |
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 | YES | 2 | N/A | HRC Law, benefit of doubt given. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | N/A | HRC Law, not usual with such bodies. |
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 | 2 | 3. The commission can add to its tasks specified in law No (4) year 2010, in issues related to monitor the implementation of this law, the following mandate and tasks: Third: receive complaints, investigate them as soon as possible and take the appropriate measures. | Refers to "appropriate measures" but could be clearer. |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | Partially | 1 | 3. The commission can add to its tasks specified in law No (4) year 2010, in issues related to monitor the implementation of this law, the following mandate and tasks: Sixth: interfere to access information in case it was not possible to access it according to this law after asking the help of the commission, it (the commission) can file legal complaint against parties and individuals who violate this law. | Not really mentioned but Commission appears to have this power. |
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 | Partially | 2 | N/A | HRC Law, benefit of doubt given. |
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 | 2 | N/A | Grounds of appeal not mentioned. |
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 | NO | 0 | N/A | HRC Law, not usual with such bodies. |
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 | HRC Law, not usual with such bodies. |
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 | Partially | 1 | 3. The commission can add to its tasks specified in law No (4) year 2010, in issues related to monitor the implementation of this law, the following mandate and tasks: Forth: inform the institutions to correct the cases that showed evidence of violation the rules of this law. | Appears to be a recommendation only. |
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 | NO | 0 | N/A | Not mentioned. |
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 | YES | 2 | 16. It is not permitted to punish any employee who provides information about misconduct or violations of the law. | |
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 | YES | 2 | 1. For the purpose of this law, these terms mean the definition assigned to each of them: Sixth: the specialized employee: the employee or the appointed individual by certain institution to review the requests to access information. 7. First: Every institution, public or privet, should appoint a specialized employee, or more, to receive the requests. | |
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 | YES | 2 | The commission can add to its tasks specified in law No (4) year 2010, in issues related to monitor the implementation of this law, the following mandate and tasks: First: follow on the implementation of this law and monitor the violations and obstacles facing its implementation to issue the appropriate recommendations. | |
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 | YES | 2 | 3The commission can add to its tasks specified in law No (4) year 2010, in issues related to monitor the implementation of this law, the following mandate and tasks: Fifth: guiding the citizens on the ways they are able to practice their rights guaranteed in this law and issuing publications about this issue. | |
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 | NO | 0 | N/A | Not mentioned. |
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 mentioned. |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | YES | 2 | 3. The commission can add to its tasks specified in law No (4) year 2010, in issues related to monitor the implementation of this law, the following mandate and tasks: Second: design an action plan to train the employees specialized in the implementation of this law. 12. Every public or privet institution should provide appropriate training to its specialized employees about the implementation of this law. | |
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 | YES | 2 | 13. Every institution should submit a report to the commission every four months, the report should include: The received requests, the fully or partially approved requests and those that were rejected, the injection and court cases, the reports that have been published according to Article Six of this law and the training courses for its employees. | |
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 | YES | 2 | 3. The commission can add to its tasks specified in law No (4) year 2010, in issues related to monitor the implementation of this law, the following mandate and tasks: Seventh: the commission has to submit biannual reports to the parliament about its work and it should be made public. | But just biannually (i.e. every 2 years). |
