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1 Mexico 2/2 \"Article 4. The human right of access to information includes requesting, researching, disseminating, seeking and receiving information. All the information generated, obtained, acquired, processed or held by the regulated entities is public and accessible to anyone under the terms and conditions set forth in this Act, in international treaties to which the Mexican State is a party, the Federal Act, the laws of the States and the regulations applicable in their respective jurisdictions; only exceptionally it may be classi ed as temporarily restricted for reasons of public interest and national security, in the terms provided by this Act. Article 10. It is the obligation of the Guarantor Agencies to grant the necessary measures to ensure access to information for all people on an equal basis with others. Any discrimination that undermines or annuls the transparency or the access to public information held by the regulated entities is prohibited. Article 12. All public information generated, obtained, acquired, processed or held by the regulated entities is public and will be accessible to anyone, for which reason all the means, actions and efforts available on the terms and conditions established by this Act, the Federal Act and those corresponding to the States, as well as other applicable rules should be enabled. Article 15. Everyone has the right of access to information without discrimination on any grounds. Article 121. Transparency Units of the regulated entities shall ensure the measures and accessibility so that every person may enforce the right of access to information through information requests, and shall assist the applicant in the preparation thereof, in accordance with the bases established in this Title. Article 122. Any person by himself or through his representative may request access to information with the Transparency Unit, through the National Platform, at the office or offices designated for this purpose, via email, mail, courier, telegraph, verbally or by any means approved by the National System.\" 4/4 Article 3.VII: Documento: Records, reports, studies, minutes, resolutions, o cial letters, correspondence, agreements, directives, guidelines, circulars, contracts, agreements, instructions, notes, memoranda, statistics or any other record that documents the exercise of the powers, functions and competences of the regulated entities, Public Servants and members, regardless of their source or date of production. Documents may be in any media, whether written, printed, audio, visual, electronic, computer or holographic; Article 12. All public information generated, obtained, acquired, processed or held by the regulated entities is public and will be accessible to anyone, for which reason all the means, actions and e orts available on the terms and conditions established by this Act, the Federal Act and those corresponding to the States, as well as other applicable rules should be enabled. 2/2 \"Article 19: It is presumed that the information should exist if it refers to the powers, functions and duties that the legal systems applicable award to regulated entities. In cases where certain powers, functions or duties have not been exercised, the answer should be encouraged in terms of the causes that motivate the absence. Article 44. Each Transparency Committee shall have the following functions: (…) III. Order, where appropriate, the relevant Areas to generate the information that derived from its powers, functions and duties must be in their possession or subject to proof of the impossibility of its generation, expose, duly grounded, the reasons for which, in the particular case, they not exercised these powers, duties or functions; (…)”. Article 138. When the information is not in the archives of the regulated entity, the Transparency Committee shall: “(…) III. Order, whenever practically possible, that the information is generated or restored if it had to exist, to the extent it derived from the exercise of its powers, duties or functions, or that, prior proof of the impossibility of its generation, provides the reasons duly grounded for which in such particular case it did not exercise those powers, duties or functions, to be notified to the applicant through the Transparency Unit (…)”. \" 8/8 Article 23. The regulated entities who are obliged to make transparent and ensure effective access to their information and protect personal data held thereby are: any authority, entity, body or agency of the Legislative, Executive and Judicial branches, autonomous bodies, political parties, trusts and public funds, as well as any individual, legal entity or union who receives and uses public resources or performs acts of authority of the Federation, the States and the municipalities. 4/4 Article 23. The regulated entities who are obliged to make transparent and ensure effective access to their information and protect personal data held thereby are: any authority, entity, body or agency of the Legislative, Executive and Judicial branches, autonomous bodies, political parties, trusts and public funds, as well as any individual, legal entity or union who receives and uses public resources or performs acts of authority of the Federation, the States and the municipalities. 4/4 Article 23. The regulated entities who are obliged to make transparent and ensure effective access to their information and protect personal data held thereby are: any authority, entity, body or agency of the Legislative, Executive and Judicial branches, autonomous bodies, political parties, trusts and public funds, as well as any individual, legal entity or union who receives and uses public resources or performs acts of authority of the Federation, the States and the municipalities. 2/2 Article 23. The regulated entities who are obliged to make transparent and ensure effective access to their information and protect personal data held thereby are: any authority, entity, body or agency of the Legislative, Executive and Judicial branches, autonomous bodies, political parties, trusts and public funds, as well as any individual, legal entity or union who receives and uses public resources or performs acts of authority of the Federation, the States and the municipalities. 2/2 Article 23. The regulated entities who are obliged to make transparent and ensure effective access to their information and protect personal data held thereby are: any authority, entity, body or agency of the Legislative, Executive and Judicial branches, autonomous bodies, political parties, trusts and public funds, as well as any individual, legal entity or union who receives and uses public resources or performs acts of authority of the Federation, the States and the municipalities. 2/2 Article 23. The regulated entities who are obliged to make transparent and ensure effective access to their information and protect personal data held thereby are: any authority, entity, body or agency of the Legislative, Executive and Judicial branches, autonomous bodies, political parties, trusts and public funds, as well as any individual, legal entity or union who receives and uses public resources or performs acts of authority of the Federation, the States and the municipalities. 30/30
2 Serbia 2/2 Article 5. Paragraph 1:“Everyone shall have the right to be informed whether a public authority holds specific information of public importance, i.e. whether it is otherwise accessible.” Article 6: “Everyone shall be able to exercise the rights in this Law under equal conditions, notwithstanding their citizenship, temporary or permanent residence, i.e. seat, or personal attribute such as race, confession, nationality, ethnicity, gender, et al.” 4/4 Article 2. Paragraph 2: "Information of public importance held by a public authority body shall denote the following notwithstanding: whether the source of information is a public authority or another person; the information medium (paper, tape, film, electronic media, et al) containing the document with the information; the date of creation of information; the manner of obtaining information; or another feature of information." 2/2 Article 5. Paragraph 2:"Everyone shall have the right to access information of public importance by being allowed insight in a document containing information of public importance, the right to a copy of that document, and the right to receive a copy of the document upon request, by mail, fax, electronic mail, or in another way." 8/8 Article 3: "In terms of this Law, a public authority body (hereinafter: public authority) shall denote notably: 1) A state body, territorial autonomy body, a local self-governance body, as well as an organization vested with public authority (hereinafter: state body); 2) A legal person founded by or funded wholly or predominantly by a state body." 4/4 Article 3: "In terms of this Law, a public authority body (hereinafter: public authority) shall denote notably: 1) A state body, territorial autonomy body, a local self-governance body, as well as an organization vested with public authority (hereinafter: state body); 2) A legal person founded by or funded wholly or predominantly by a state body." 4/4 Article 3: "In terms of this Law, a public authority body (hereinafter: public authority) shall denote notably: 1) A state body, territorial autonomy body, a local self-governance body, as well as an organization vested with public authority (hereinafter: state body); 2) A legal person founded by or funded wholly or predominantly by a state body." 2/2 Article 3: "In terms of this Law, a public authority body (hereinafter: public authority) shall denote notably: 2) A legal person founded by or funded wholly or predominantly by a state body." 2/2 Article 3: "In terms of this Law, a public authority body (hereinafter: public authority) shall denote notably: 1) A state body, territorial autonomy body, a local self-governance body, as well as an organization vested with public authority (hereinafter: state body); 2) A legal person founded by or funded wholly or predominantly by a state body." 2/2 Article 3: "In terms of this Law, a public authority body (hereinafter: public authority) shall denote notably: 1) A state body, territorial autonomy body, a local self-governance body, as well as an organization vested with public authority (hereinafter: state body); 2) A legal person founded by or funded wholly or predominantly by a state body." 30/30
3 Sri Lanka 1/2 Section 3. (1) Subject to the provisions of section 5 of this Act, every citizen shall have a right of access to information which is in the possession, custody or control of a public authority. Section 43. In this Act, unless the context otherwise requires– “citizen” includes a body whether incorporated or unincorporated, if not less than three-fourths of the members of such body are citizens; 4/4 Section 43. In this Act, unless the context otherwise requires– “information” includes any material which is recorded in, in any form including records, documents, memos, emails, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, correspondence, memorandum, draft legislation, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, video tape, machine readable record, computer records and other documentary material, regardless of its physical form or character and any copy thereof; 2/2 Section 43. In this Act, unless the context otherwise requires– “information” includes any material which is recorded in, in any form including records, documents, memos, emails, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, correspondence, memorandum, draft legislation, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, video tape, machine readable record, computer records and other documentary material, regardless of its physical form or character and any copy thereof; Regulation No. 04(07): A Public Authority shall not be required to collect information to respond to a request but it shall not refuse a request on the ground that it does not hold the information where, with a reasonable effort the information may be produced from records held by the Public Authority, using the resources which is normally available to the Public Authority, or again with a reasonable effort, the information may be compiled from different records held by the Public Authority. 7/8 Section 43. In this Act, unless the context otherwise requires– “public authority” means – (a) a Ministry of the Government; (b) any body or office created or established by or under the Constitution, any written law, other than the Companies Act No. 7 of 2007, except to the extent specified in paragraph (e), or a statute of a Provincial Council; (c) a Government Department; ... (f) a local authority; ... (h) any department or other authority or institution established or created by a Provincial Council; ... (j) higher educational institutions including private universities and professional institutions which are established, recognised or licensed under any written law or funded, wholly or partly, by the State or a public corporation or any statutory body established or created by a statute of a Provincial Council 4/4 Section 43. In this Act, unless the context otherwise requires– “public authority” means – (b) any body or office created or established by or under the Constitution, any written law, other than the Companies Act No. 7 of 2007, except to the extent specified in paragraph (e), or a statute of a Provincial Council; 4/4 Section 43. In this Act, unless the context otherwise requires– “public authority” means – (l) all courts, tribunals and institutions created and established for the administration of justice; 2/2 Section 43. In this Act, unless the context otherwise requires– “public authority” means – (d) a public corporation; (e) a company incorporated under the Companies Act, No. 7 of 2007, in which the State, or a public corporation or the State and a public corporation together hold twenty five per centum or more of the shares or otherwise has a controlling interest; 2/2 Section 43. In this Act, unless the context otherwise requires– “public authority” means – (b) any body or office created or established by or under the Constitution, any written law, other than the Companies Act No. 7 of 2007, except to the extent specified in paragraph (e), or a statute of a Provincial Council; ... (k) private educational institutions including institutions offering vocational or technical education which are established, recognised or licensed under any written law or funded, wholly or partly, by the State or a public corporation or any statutory body established or created by a statute of a Provincial Council; 2/2 Section 43. In this Act, unless the context otherwise requires– “public authority” means – (g) a private entity or organisation which is carrying out a statutory or public function or service, under a contract, a partnership, an agreement or a license from the government or its agencies or from a local body, but only to the extent of activities covered by that statutory or public function or service; ... (i) non-governmental organisations that are substantially funded by the government or any department or other authority established or created by a Provincial Council or by a foreign government or international organisation, rendering a service to the public in so far as the information sought relates to the service that is rendered to the public; (j) higher educational institutions including private universities and professional institutions which are established, recognised or licensed under any written law or funded, wholly or partly, by the State or a public corporation or any statutory body established or created by a statute of a Provincial Council; (k) private educational institutions including institutions offering vocational or technical education which are established, recognised or licensed under any written law or funded, wholly or partly, by the State or a public corporation or any statutory body established or created by a statute of a Provincial Council; 28/30
4 Slovenia 2/2 Art.5 \"(1)Legal entities or natural persons (hereinafter referred to as \"the applicants\") have free access to public information.\" 4/4 Art 4. \"(1) Public information shall be deemed to be information originating from the field of work of the bodies and occurring in the form of a document, a case, a dossier, a register, a record or other documentary material (hereinafter referred to as \"the document\") drawn up by the body, by the body in cooperation with other body, or acquired from other persons.\" 2/2 Art 5. \"(2)Each applicant shall have, at his request, the right to acquire information from the body by acquiring such information for consulting it on the spot, or by acquiring a transcript, a copy or an electronic record of such information.\" 8/8 Art 1. \"(1)This Act governs the procedure which ensures everyone free access to and re-use of public information held by state bodies, local government bodies, public agencies, public funds and other entities of public law, public powers holders and public service contractors (hereinafter referred to as \"the bodies\").\" 4/4 Art 1. \"(1)This Act governs the procedure which ensures everyone free access to and re-use of public information held by state bodies, local government bodies, public agencies, public funds and other entities of public law, public powers holders and public service contractors (hereinafter referred to as \"the bodies\").\" 4/4 Art 1. \"(1)This Act governs the procedure which ensures everyone free access to and re-use of public information held by state bodies, local government bodies, public agencies, public funds and other entities of public law, public powers holders and public service contractors (hereinafter referred to as \"the bodies\").\" 2/2 Art 1.a \"(1) This Act also governs the procedure which ensures everyone free access to and re-use of public information held by companies and other legal entities of private law and subject to direct or indirect dominant influence, individually or jointly, of the Republic of Slovenia, self-governing local communities and other entities of public law. (Hereinafter: business entities subject to dominant influence of entities of public law).\" 2/2 Art 1. \"(1)This Act governs the procedure which ensures everyone free access to and re-use of public information held by state bodies, local government bodies, public agencies, public funds and other entities of public law, public powers holders and public service contractors (hereinafter referred to as \"the bodies\").\" 2/2 Art 1.a \"(1) This Act also governs the procedure which ensures everyone free access to and re-use of public information held by companies and other legal entities of private law and subject to direct or indirect dominant influence, individually or jointly, of the Republic of Slovenia, self-governing local communities and other entities of public law. (Hereinafter: business entities subject to dominant influence of entities of public law).\" 30/30
5 India 1/2 6(1): "A person, who desires to obtain any in formation under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in whic h the application is being made, accompanying such fee as may be prescribed, to— (a) the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority; (b) the Central Assistant Public Informati on Officer or State Assistant Public Information Officer, as the case may be, specifying the particulars of the information sought by him or her: Provided that where such request cannot be made in writing, the Central Public Information Officer or State Public Info rmation Officer, as the case may be, shall render all reasonable assistance to the person making the request orally to reduce the same in writing." 4/4 2(f): ""information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;" 2(j): ""right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to— (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;" 2/2 2(f): ""information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;" 5/8 1(2): "It extends to the whole of India ex cept the State of Jammu and Kashmir" Schedule 2: "Intelligence and security organisation established by the Central Government 1. Intelligence Bureau. 2. Research and Analysis Wing of the Cabinet Secretariat. 3. Directorate of Revenue Intelligence. 4. Central Economic Intelligence Bureau. 5. Directorate of Enforcement. 6. Narcotics Control Bureau. 7. Aviation Research Centre. 8. Special Prontier Force. 9. Border Security Force. 10. Central Reserve Police Force. 11. Indo-Tibetan Border Police. 12. Central Industrial Security Force. 13. National Security Guards. 14. Assam Rifles. 15. Special Service Bureau. 16. Special Branch (CID), Andaman and Nicobar. 17. The Crime Branch-C.I.D.-CB, Dadra and Nagar Haveli. 18. Special Branch, Lakshadweep Police." 4/4 2(h): ""public authority" means any authority or body or institution of self-government established or constituted— (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any— (i) body owned, controlled or substantially financed; (ii) non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government;" 2(e): ""competent authority" means— (i) the Speaker in the case of the House of the People or the Legislative Assembly of a State or a Union territory having such Assembly and the Chairman in the case of the Council of States or Legislative Council of a State; (ii) the Chief Justice of India in the case of the Supreme Court; (iii) the Chief Justice of the High Court in the case of a High Court; (iv) the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution; (v) the administrator appointed under article 239 of the Constitution;" 4/4 2(h): ""public authority" means any authority or body or institution of self-government established or constituted— (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any— (i) body owned, controlled or substantially financed; (ii) non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government;" 2(e): ""competent authority" means— (i) the Speaker in the case of the House of the People or the Legislative Assembly of a State or a Union territory having such Assembly and the Chairman in the case of the Council of States or Legislative Council of a State; (ii) the Chief Justice of India in the case of the Supreme Court; (iii) the Chief Justice of the High Court in the case of a High Court; (iv) the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution; (v) the administrator appointed under article 239 of the Constitution;" 2/2 2(h): ""public authority" means any authority or body or institution of self-government established or constituted— (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any— (i) body owned, controlled or substantially financed; (ii) non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government;" 2/2 2(h): ""public authority" means any authority or body or institution of self-government established or constituted— (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any— (i) body owned, controlled or substantially financed; (ii) non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government;" 1/2 2(h): ""public authority" means any authority or body or institution of self-government established or constituted— (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any— (i) body owned, controlled or substantially financed; (ii) non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government;" 25/30
6 Albania 2/2 Article3.Paragraph 1: \"Any person enjoys the right to access public information, not being subject to explain the motives.\" Article2.Paragraph3: “Person means any natural or legal person, local or foreign, as well as any stateless persons” 4/4 Article2.Paragraph2:“Public information is any data recorded in any form or format, during discharge of the public function, whether or not prepared by a public authority”. 2/2 Article3.Paragraph3: “Every person has the right to access public information, by receiving the original document or a copy of it in the form or format allowing full access to the content of the document.” 8/8 Article2.Paragraph1.ItemA: ”Public authority: is any administrative body provided for in the current legislation on administrative procedures, legislative bodies, legislative, judicial and prosecution bodies at any level, local government units at any level, state authorities and public entities, created by the Constitution or by law” 4/4 Article2.Paragraph1.ItemA: ”Public authority: is any administrative body provided for in the current legislation on administrative procedures, legislative bodies, legislative, judicial and prosecution bodies at any level, local government units at any level, state authorities and public entities, created by the Constitution or by law” 4/4 Article2.Paragraph1.ItemA: ”Public authority: is any administrative body provided for in the current legislation on administrative procedures, legislative bodies, legislative, judicial and prosecution bodies at any level, local government units at any level, state authorities and public entities, created by the Constitution or by law” 2/2 Article2.Paragraph1.ItemB” Public authorities […] are commercial companies where: i) the state owns most of the shares”. 2/2 Article2.Paragraph1.ItemA: ”Public authority: is any administrative body provided for in the current legislation on administrative procedures, legislative bodies, legislative, judicial and prosecution bodies at any level, local government units at any level, state authorities and public entities, created by the Constitution or by law” 1/2 Article2.Paragraph1.ItemB and C “Public authorities […] are commercial companies where: […] ii) public functions are discharged, under the provisions of letter “c” of this point; c) any natural or legal person, who is given by law, bylaw or any other form provided for by the legislation in force the right in discharge of public functions.” 29/30
7 Croatia 2/2 Art.5. 1) \"Beneficiary of the right to access information and right to re-use information\" (hereinafter: the beneficiary) is any local or foreign natural person or legal entity. 4/4 Art.5.3.: »Information« is any information held by the public authority in the form of a document, record, dossier, register or in any other form, regardless of the manner of representation (written, drawn, printed, recorded, magnetic, optical, electronic or any other record), which the public body has created alone or in cooperation with other bodies or received from other persons, and was created within the scope of competences or in regards to organization and work of the public body. 2/2 Art.5.3.: »Information« is any information held by the public authority in the form of a document, record, dossier, register or in any other form, regardless of the manner of representation (written, drawn, printed, recorded, magnetic, optical, electronic or any other record), which the public body has created alone or in cooperation with other bodies or received from other persons, and was created within the scope of competences or in regards to organization and work of the public body. Art 17.1.2.: Public authority bodies shall be bound to grant access to information by providing information to the beneficiary who has submitted a request in one of the following ways: by providing information directly, by providing information in writing, through giving insight into documents and making copies of the documents containing the requested information, by delivering copies of the documents containing the requested information, in other ways adequate for exercising the right of access to information. 8/8 Art.5.2. \"Public authority bodies\", for the purpose of this Law, are state authorities, other state bodies, local and regional units of government, legal entities with public competences, legal entities formed by the Republic of Croatia or local and regional units of government, legal entities performing public service, legal entities which in line with special provisions are financed partly or entirely from the state budget or budget of local and regional units of government or from public funds (taxes, contributions, etc.), as well as companies in which Republic fo Croatia and local and regional units og government have separate or joint majority ownership rights; 4/4 Art.5.2. \"Public authority bodies\", for the purpose of this Law, are state authorities, other state bodies, local and regional units of government, legal entities with public competences, legal entities formed by the Republic of Croatia or local and regional units of government, legal entities performing public service, legal entities which in line with special provisions are financed partly or entirely from the state budget or budget of local and regional units of government or from public funds (taxes, contributions, etc.), as well as companies in which Republic of Croatia and local and regional units of government have separate or joint majority ownership rights; 4/4 Art.5.2. \"Public authority bodies\", for the purpose of this Law, are state authorities, other state bodies, local and regional units of government, legal entities with public competences, legal entities formed by the Republic of Croatia or local and regional units of government, legal entities performing public service, legal entities which in line with special provisions are financed partly or entirely from the state budget or budget of local and regional units of government or from public funds (taxes, contributions, etc.), as well as companies in which Republic of Croatia and local and regional units of government have separate or joint majority ownership rights; 2/2 Art.5.2. \"Public authority bodies\", for the purpose of this Law, are state authorities, other state bodies, local and regional units of government, legal entities with public competences, legal entities formed by the Republic of Croatia or local and regional units of government, legal entities performing public service, legal entities which in line with special provisions are financed partly or entirely from the state budget or budget of local and regional units of government or from public funds (taxes, contributions, etc.), as well as companies in which Republic of Croatia and local and regional units of government have separate or joint majority ownership rights; 2/2 Art.5.2. \"Public authority bodies\", for the purpose of this Law, are state authorities, other state bodies, local and regional units of government, legal entities with public competences, legal entities formed by the Republic of Croatia or local and regional units of government, legal entities performing public service, legal entities which in line with special provisions are financed partly or entirely from the state budget or budget of local and regional units of government or from public funds (taxes, contributions, etc.), as well as companies in which Republic of Croatia and local and regional units of government have separate or joint majority ownership rights; 2/2 Art.5.2. \"Public authority bodies\", for the purpose of this Law, are state authorities, other state bodies, local and regional units of government, legal entities with public competences, legal entities formed by the Republic of Croatia or local and regional units of government, legal entities performing public service, legal entities which in line with special provisions are financed partly or entirely from the state budget or budget of local and regional units of government or from public funds (taxes, contributions, etc.), as well as companies in which Republic of Croatia and local and regional units of government have separate or joint majority ownership rights; 30/30
8 Liberia 2/2 1.3.4: "“Person” means any individual, partnership, corporation, joint venture, trust, estate, unincorporated entity, government or any juridical entity." 3.2: "Request for Information: Every person, irrespective of their nationality or residence, may request, receive, reproduce and retain any information held by (1) a public authority or (2) private entity that receives public funds or engage in public functions or provision of public service; provided that in respect of private entities, the information shall relate to the public funds, benefit, functions or service." 4/4 1.3.5: "“Private Bodies” include any entity, business or otherwise, owned by private persons." 2/2 1.3.5: "“Private Bodies” include any entity, business or otherwise, owned by private persons." 8/8 1.3.2: "“Access to information “refers to the right of the public to request, receive, review, reproduce and retain records and documents held by public bodies and private entities performing public functions or receiving public funding." 1.3.6: "“Public Authorities” means any agency, ministry, or institution of the Government of Liberia or person acting on behalf of such agency, ministry or institution;" 1.3.7: "“Public Bodies” refer to all agencies, entities, corporations, bodies and other institutions owned, wholly or substantially by the Government of Liberia." 4/4 1.3.2: "“Access to information “refers to the right of the public to request, receive, review, reproduce and retain records and documents held by public bodies and private entities performing public functions or receiving public funding." 1.3.6: "“Public Authorities” means any agency, ministry, or institution of the Government of Liberia or person acting on behalf of such agency, ministry or institution;" 1.3.7: "“Public Bodies” refer to all agencies, entities, corporations, bodies and other institutions owned, wholly or substantially by the Government of Liberia." 4/4 1.3.2: "“Access to information “refers to the right of the public to request, receive, review, reproduce and retain records and documents held by public bodies and private entities performing public functions or receiving public funding." 1.3.6: "“Public Authorities” means any agency, ministry, or institution of the Government of Liberia or person acting on behalf of such agency, ministry or institution;" 1.3.7: "“Public Bodies” refer to all agencies, entities, corporations, bodies and other institutions owned, wholly or substantially by the Government of Liberia." 2/2 1.3.2: "“Access to information “refers to the right of the public to request, receive, review, reproduce and retain records and documents held by public bodies and private entities performing public functions or receiving public funding." 1.3.6: "“Public Authorities” means any agency, ministry, or institution of the Government of Liberia or person acting on behalf of such agency, ministry or institution;" 1.3.7: "“Public Bodies” refer to all agencies, entities, corporations, bodies and other institutions owned, wholly or substantially by the Government of Liberia." 2/2 1.3.2: "“Access to information “refers to the right of the public to request, receive, review, reproduce and retain records and documents held by public bodies and private entities performing public functions or receiving public funding." 1.3.6: "“Public Authorities” means any agency, ministry, or institution of the Government of Liberia or person acting on behalf of such agency, ministry or institution;" 1.3.7: "“Public Bodies” refer to all agencies, entities, corporations, bodies and other institutions owned, wholly or substantially by the Government of Liberia." 2/2 1.3.2: "“Access to information “refers to the right of the public to request, receive, review, reproduce and retain records and documents held by public bodies and private entities performing public functions or receiving public funding." 30/30
9 El Salvador 2/2 ARTICLE 2 Toda persona tiene derecho a solicitar y recibir in formación generada, administrada o en poder de las instituciones públicas y demás entes obligados de manera oportuna y veraz, sin sustentar interés o motivación alguna. ARTICLE 98 "El recurso será sobreseído cuando: a. El recurrente desista expresamente del mismo.(...)" 4/4 ARTICLE 6 " Para los efectos de esta ley se entenderá por:(...) c. Información pública: es aquella en poder de los entes obligados contenida en documentos, archivos, datos, bases de datos, comunicaciones y todo tipo de registros que documenten el ejercicio de sus facultades o actividades, que consten en cualquier medio, ya sea impreso, óptico o electrónico, independientemente de su fuente, fecha de elaboración, y que no sea confidencial. Dicha información podrá haber sido generada, obtenida, transformada o conservada por éstos a cualquier título. d. Información oficiosa: es aquella información pública que los entes obligados deberán difundir al público en virtud de esta ley sin necesidad de solicitud directa. e. Información reservada: es aquella información pública cuyo acceso se restringe de manera expresa de conformidad con esta ley, en razón de un interés general durante un período determinado y por causas justificadas. f. Información confidencial: es aquella información privada en poder del Estado cuyo acceso público se prohíbe por mandato constitucional o legal en razón de un interés personal jurídicamente protegido.(...)" 2/2 ARTICLE 6 " Para los efectos de esta ley se entenderá por:(...) c. Información pública: es aquella en poder de los entes obligados contenida en documentos, archivos, datos, bases de datos, comunicaciones y todo tipo de registros que documenten el ejercicio de sus facultades o actividades, que consten en cualquier medio, ya sea impreso, óptico o electrónico, independientemente de su fuente, fecha de elaboración, y que no sea confidencial. Dicha información podrá haber sido generada, obtenida, transformada o conservada por éstos a cualquier título. d. Información oficiosa: es aquella información pública que los entes obligados deberán difundir al público en virtud de esta ley sin necesidad de solicitud directa. e. Información reservada: es aquella información pública cuyo acceso se restringe de manera expresa de conformidad con esta ley, en razón de un interés general durante un período determinado y por causas justificadas. f. Información confidencial: es aquella información privada en poder del Estado cuyo acceso público se prohíbe por mandato constitucional o legal en razón de un interés personal jurídicamente protegido.(...)" 8/8 ARTICLE 7 Están obligados al cumplimiento de esta ley los órganos del Estado, sus dependencias, las instituciones autónomas, las municipalidades o cualquier otra entidad u organismo que administre recursos públicos, bienes del Estado o ejecute actos de la administración pública en general. Se incluye dentro de los recursos públicos aquellos fondos provenientes de Convenios o Tratados que celebre el Estado con otros Estados o con Organismos Internacionales, a menos que el Convenio o Tratado determine otro régimen de acceso a la información. También están obligadas por esta ley las sociedades de economía mixta y las personas naturales o jurídicas que manejen recursos o información pública o ejecuten actos de la función estatal, nacional o local tales como las contrataciones públicas, concesiones de obras o servicios públicos. El ámbito de la obligación de estos entes se limita a permitir el acceso a la información concerniente a la administración de los fondos o información pública otorgados y a la función pública conferida, en su caso. En consecuencia, todos los servidores públicos, dentro o fuera del territorio de la República, y las personas que laboren en las entidades mencionadas en este artículo, están obligados al cumplimiento de la presente ley. 4/4 ARTICLE 7 Están obligados al cumplimiento de esta ley los órganos del Estado, sus dependencias, las instituciones autónomas, las municipalidades o cualquier otra entidad u organismo que administre recursos públicos, bienes del Estado o ejecute actos de la administración pública en general. Se incluye dentro de los recursos públicos aquellos fondos provenientes de Convenios o Tratados que celebre el Estado con otros Estados o con Organismos Internacionales, a menos que el Convenio o Tratado determine otro régimen de acceso a la información. También están obligadas por esta ley las sociedades de economía mixta y las personas naturales o jurídicas que manejen recursos o información pública o ejecuten actos de la función estatal, nacional o local tales como las contrataciones públicas, concesiones de obras o servicios públicos. El ámbito de la obligación de estos entes se limita a permitir el acceso a la información concerniente a la administración de los fondos o información pública otorgados y a la función pública conferida, en su caso. En consecuencia, todos los servidores públicos, dentro o fuera del territorio de la República, y las personas que laboren en las entidades mencionadas en este artículo, están obligados al cumplimiento de la presente ley. 4/4 ARTICLE 7 Están obligados al cumplimiento de esta ley los órganos del Estado, sus dependencias, las instituciones autónomas, las municipalidades o cualquier otra entidad u organismo que administre recursos públicos, bienes del Estado o ejecute actos de la administración pública en general. Se incluye dentro de los recursos públicos aquellos fondos provenientes de Convenios o Tratados que celebre el Estado con otros Estados o con Organismos Internacionales, a menos que el Convenio o Tratado determine otro régimen de acceso a la información. También están obligadas por esta ley las sociedades de economía mixta y las personas naturales o jurídicas que manejen recursos o información pública o ejecuten actos de la función estatal, nacional o local tales como las contrataciones públicas, concesiones de obras o servicios públicos. El ámbito de la obligación de estos entes se limita a permitir el acceso a la información concerniente a la administración de los fondos o información pública otorgados y a la función pública conferida, en su caso. En consecuencia, todos los servidores públicos, dentro o fuera del territorio de la República, y las personas que laboren en las entidades mencionadas en este artículo, están obligados al cumplimiento de la presente ley. 2/2 ARTICLE 7 Están obligados al cumplimiento de esta ley los órganos del Estado, sus dependencias, las instituciones autónomas, las municipalidades o cualquier otra entidad u organismo que administre recursos públicos, bienes del Estado o ejecute actos de la administración pública en general. Se incluye dentro de los recursos públicos aquellos fondos provenientes de Convenios o Tratados que celebre el Estado con otros Estados o con Organismos Internacionales, a menos que el Convenio o Tratado determine otro régimen de acceso a la información. También están obligadas por esta ley las sociedades de economía mixta y las personas naturales o jurídicas que manejen recursos o información pública o ejecuten actos de la función estatal, nacional o local tales como las contrataciones públicas, concesiones de obras o servicios públicos. El ámbito de la obligación de estos entes se limita a permitir el acceso a la información concerniente a la administración de los fondos o información pública otorgados y a la función pública conferida, en su caso. En consecuencia, todos los servidores públicos, dentro o fuera del territorio de la República, y las personas que laboren en las entidades mencionadas en este artículo, están obligados al cumplimiento de la presente ley. 2/2 ARTICLE 7 Están obligados al cumplimiento de esta ley los órganos del Estado, sus dependencias, las instituciones autónomas, las municipalidades o cualquier otra entidad u organismo que administre recursos públicos, bienes del Estado o ejecute actos de la administración pública en general. Se incluye dentro de los recursos públicos aquellos fondos provenientes de Convenios o Tratados que celebre el Estado con otros Estados o con Organismos Internacionales, a menos que el Convenio o Tratado determine otro régimen de acceso a la información. También están obligadas por esta ley las sociedades de economía mixta y las personas naturales o jurídicas que manejen recursos o información pública o ejecuten actos de la función estatal, nacional o local tales como las contrataciones públicas, concesiones de obras o servicios públicos. El ámbito de la obligación de estos entes se limita a permitir el acceso a la información concerniente a la administración de los fondos o información pública otorgados y a la función pública conferida, en su caso. En consecuencia, todos los servidores públicos, dentro o fuera del territorio de la República, y las personas que laboren en las entidades mencionadas en este artículo, están obligados al cumplimiento de la presente ley. 2/2 ARTICLE 7 "(...)organismo que administre recursos públicos, bienes del Estado o ejecute actos de la administración pública en general." Also - bodies that "ejecuten actos de la función estatal.(...)" 30/30
10 Sierra Leone 1/2 2(1) Every person has the right to access information held by or is under the control of a public authority. 4/4 1. “information” includes any material regardless of its physical form or characteristics, such as a book, plan, map, drawing, film, microfiche, diagram, pictorial or graphic work, data, photograph, recording, audio or video-tape, machine-readable material or any other information held in electronic form, and also includes any sample, work, model or copy thereof; 2/2 2(4) Any person making a request for information to a public authority shall be entitled– (a) to have the public authority confirm or deny whether it holds information of the description specified in the request; and (b) where the public authority holds information of the description specified in the request, to have the information communicated to that person 8/8 1. “public authority” includes any body– 1. (a) established by or under the Constitution of Sierra Leone 1991; (b) established by statute; (c) which forms part of any level or branch of Government; (d) owned, controlled or substantially financed by funds provided by Government; (e) carrying out a statutory or public function; or (f) a body or organisation that receives monies on behalf of the people of Sierra Leone; 4/4 ... 4/4 ... 2/2 ... 2/2 ... 2/2 ... 29/30
11 Tunisia 2/2 Article 9(1) : Toute personne physique ou morale peut présenter une demande écrite d’accès à l’information 3/4 Article 3 : - Information : toute information enregistrée, quels que soient sa date, sa forme et son support, produite ou reçue par les organismes soumis aux dispositions de la présente loi dans le cadre de l’exercice de leurs activités. 1/2 8/8 \"Article 2 : La présente loi s’applique aux organismes suivants :  la Présidence de la République et ses structures ;  la Présidence du gouvernement et ses structures ; ...  les ministères et les différentes structures sous tutelle à l’intérieur et à l’étranger ;  la Banque centrale ; ...  les organismes publics locaux et régionaux ;  les collectivités locales ;\" 4/4 Article 2 : La présente loi s’applique aux organismes suivants: - l’Assemblée des représentants du peuple et ses organismes ; 4/4 Article 2 : La présente loi s’applique aux organismes suivants: - les instances juridictionnelles, le Conseil supérieur de la magistrature, la Cour constitutionnelle, la Cour des comptes ; 2/2 Article 2 : La présente loi s’applique aux organismes suivants: - les établissements et entreprises publics et leurs représentations à l’étranger ; 2/2 Article 2 : La présente loi s’applique aux organismes suivants:  les instances constitutionnelles ;  les instances publiques indépendantes ;  les instances de régulation ; 2/2 Article 2 : La présente loi s’applique aux organismes suivants:  les personnes de droit privé chargées d’une mission de service public ;  les organisations, les associations et tous les organismes bénéficiant d’un financement public. 28/30
12 South Sudan 0/2 6 3/4 2/2 8/8 4/4 4/4 2/2 2/2 2/2 27/30
13 Maldives 2/2 4(a) Access to information from a state@office in accordance with this Act shall be a legally enforceable right available to every person who requests for such information; 76. “person” shall include natural and legal personalities; 3/4 “Information” refers to any kind of information, or any information produced at any given date, or any information produced at any given party, or any information stored in any device, held and maintained by a state@office, and that which does not belong to a third party; .. “Information of a State@Office” shall mean every piece of information produced, held or maintained by state@ office; 2/2 10. Where the request to access certain information is made, and where it is found that the relevant information is not at the time available in written form but is stored in any other medium which can be retrieved or replicated on to written form, the state@ office in receipt of the request shall deal with the request as if it were a request to access a written document. For the purposes of this Act such information will be deemed to be in the form of a written document. 8/8 76. “State@Office” shall include the executive, the legislature and the judiciary, independent institutions, independent offices, security services and councils elected under the Constitution. Also included are those bodies party to any state responsibilities, those functioning under the state budget and those receiving assistance from the state budget; 4/4 76. “State@Office” shall include the executive, the legislature and the judiciary, independent institutions, independent offices, security services and councils elected under the Constitution. Also included are those bodies party to any state responsibilities, those functioning under the state budget and those receiving assistance from the state budget; 4/4 76. “State@Office” shall include the executive, the legislature and the judiciary, independent institutions, independent offices, security services and councils elected under the Constitution. Also included are those bodies party to any state responsibilities, those functioning under the state budget and those receiving assistance from the state budget; 1/2 76. “State@Office” shall include the executive, the legislature and the judiciary, independent institutions, independent offices, security services and councils elected under the Constitution. Also included are those bodies party to any state responsibilities, those functioning under the state budget and those receiving assistance from the state budget; 2/2 76. “State-Office” shall include the executive, the legislature and the judiciary, independent institutions, independent offices, security services and councils elected under the Constitution. Also included are those bodies party to any state responsibilities, those functioning under the state budget and those receiving assistance from the state budget; 2/2 72 Associations and Organizations functioning in the Maldives under funds from state budget, or under funds received from a foreign government, or under funds from an international body, notwithstanding what is stated otherwise in another statute, shall be applicable to all the provisions that are applicable to the state@offices under this Act. And all provisions of this Act that are administered upon state@offices shall be equally applied to these bodies. 76. “State-Office” shall include the executive, the legislature and the judiciary, independent institutions, independent offices, security services and councils elected under the Constitution. Also included are those bodies party to any state responsibilities, those functioning under the state budget and those receiving assistance from the state budget; 28/30
14 Azerbaijan 2/2 Article 2, Section 2. " 2.2. Any person is entitled to apply directly or via his (her) representative to the information owner and to choose the type and form for obtaining the information." /Article 3, Section 7. "3.0.7. information requester (hereinafter referred to as ‘the requester’) – legal entity or individual applying in writing or verbally to acquire the information;" 4/4 Article 3, Section 1 and 3. "3.0.1. information – any facts, opinions, knowledge, news or other sort of information produced or acquired as a result of any activities, irrespective of the date of producing, presentation form and classification;" ,"3.0.3. public information - any facts, opinions, knowledge produced or acquired during performance of duties provided by legislation or other legal acts;" Article 7.Documented Information (Document) "7.1. Any identifiable information with any attributes recorded on tangible data medium in the form of text, voice or picture; irrespective of its source, place of storage, official status, type of ownership and whether or not it has been produced by the entity which it belongs to, is considered a documented information (hereinafter ‘the document’). 7.2. Information owner owns the document if: 7.2.1. the document available at the information owner does not belong to another information owner; 7.2.2. the document available at another information owner belongs to the information owner." Article 37, Section 1, Subsection 25. "internal documents not registered with the Register – greeting correspondences, guarantees, memos, programs of public events, various statistic statements." 2/2 Article 3, Section 1 and 3. "3.0.1. information – any facts, opinions, knowledge, news or other sort of information produced or acquired as a result of any activities, irrespective of the date of producing, presentation form and classification;" ,"3.0.3. public information - any facts, opinions, knowledge produced or acquired during performance of duties provided by legislation or other legal acts;" Article 7.Documented Information (Document) "7.1. Any identifiable information with any attributes recorded on tangible data medium in the form of text, voice or picture; irrespective of its source, place of storage, official status, type of ownership and whether or not it has been produced by the entity which it belongs to, is considered a documented information (hereinafter ‘the document’). 7.2. Information owner owns the document if: 7.2.1. the document available at the information owner does not belong to another information owner; 7.2.2. the document available at another information owner belongs to the information owner." Article 16. "Methods of Implementing of the Request for Information 16.1. Information owner executes a request under the following methods: 16.1.1. recording on electronic information careers or sending to the e-mail address shown in the request; 16.1.2. presenting a copy of the document or extract from the document directly to the requestor or sending to his mail address; 16.1.3. by fax; 16.1.4. verbally; 16.1.5. permitting the access to places designated for familiarization with the information; 16.1.6. other methods taking into account the type of the information career. 16.2. Requests for information shall be implemented verbally only in below cases: 16.2.1. in case of direct appeal to officials; 16.2.2. when the details of the request for information are questioned; 16.2.3. when learning if the information owner possesses the information required to the requestor. 16.3. When the copying of the document may cause a damage to the original, the information owner should provide a requestor with conditions for: 16.3.1. familiarization by himself with the manuscripts or printed materials; 16.3.2. listening audio materials, reviewing audiovisual materials and making records. 16.4. The official, replying to a request in a verbal form, is not required to read a document. 16.5. When the requested information is available in several languages, the document shall be presented in the language mentioned in the request as preferable." 7/8 Article 9. Information Owners "9.1. The below listed are considered the information owners: 9.1.1. state authorities and municipalities; 9.1.2. legal entities implementing the public functions, as well as private legal entities and individuals engaged in the spheres of education, healthcare, cultural and social sphere based on legal acts or contracts. 9.2. Information owner’s obligations, established by the present Law, pertain to legal entities and individuals defined in Article 9.1.2. hereof only in relation to the information produced or acquired as a result of public duties carried out, or services provided in the spheres of education, healthcare, cultural and social sphere based on the legal acts or contracts. 9.3. The below listed are considered equal to the information owners: 9.3.1. legal entities holding the dominant position, as well as holding a special or exclusive right at the products market, or being a natural monopoly – in relation to the information associated with the terms of offers and prices of goods as well as the services and changes in such terms and prices; 9.3.2. fully or partially state-owned or subordinated non-commercial organizations, offbudget funds, as well as the trade associations where the state is a member or a participant – in relation to the information associated with the use of the State Budget funds or properties contributed to them." Article 3, Section 5. "information owner – state authorities, municipalities, legal entities irrespective of the ownership type, and individuals as determined by Article 9 hereof to guarantee the right of information access;". 4/4 Article 9. Information Owners "9.1. The below listed are considered the information owners: 9.1.1. state authorities and municipalities; 9.1.2. legal entities implementing the public functions, as well as private legal entities and individuals engaged in the spheres of education, healthcare, cultural and social sphere based on legal acts or contracts. 9.2. Information owner’s obligations, established by the present Law, pertain to legal entities and individuals defined in Article 9.1.2. hereof only in relation to the information produced or acquired as a result of public duties carried out, or services provided in the spheres of education, healthcare, cultural and social sphere based on the legal acts or contracts. 9.3. The below listed are considered equal to the information owners: 9.3.1. legal entities holding the dominant position, as well as holding a special or exclusive right at the products market, or being a natural monopoly – in relation to the information associated with the terms of offers and prices of goods as well as the services and changes in such terms and prices; 9.3.2. fully or partially state-owned or subordinated non-commercial organizations, offbudget funds, as well as the trade associations where the state is a member or a participant – in relation to the information associated with the use of the State Budget funds or properties contributed to them." Article 3, Section 5. "information owner – state authorities, municipalities, legal entities irrespective of the ownership type, and individuals as determined by Article 9 hereof to guarantee the right of information access;". 4/4 Article 9. Information Owners "9.1. The below listed are considered the information owners: 9.1.1. state authorities and municipalities; 9.1.2. legal entities implementing the public functions, as well as private legal entities and individuals engaged in the spheres of education, healthcare, cultural and social sphere based on legal acts or contracts. 9.2. Information owner’s obligations, established by the present Law, pertain to legal entities and individuals defined in Article 9.1.2. hereof only in relation to the information produced or acquired as a result of public duties carried out, or services provided in the spheres of education, healthcare, cultural and social sphere based on the legal acts or contracts. 9.3. The below listed are considered equal to the information owners: 9.3.1. legal entities holding the dominant position, as well as holding a special or exclusive right at the products market, or being a natural monopoly – in relation to the information associated with the terms of offers and prices of goods as well as the services and changes in such terms and prices; 9.3.2. fully or partially state-owned or subordinated non-commercial organizations, offbudget funds, as well as the trade associations where the state is a member or a participant – in relation to the information associated with the use of the State Budget funds or properties contributed to them." Article 3, Section 5. "information owner – state authorities, municipalities, legal entities irrespective of the ownership type, and individuals as determined by Article 9 hereof to guarantee the right of information access;". 2/2 Article 9. Information Owners "9.1. The below listed are considered the information owners: 9.1.1. state authorities and municipalities; 9.1.2. legal entities implementing the public functions, as well as private legal entities and individuals engaged in the spheres of education, healthcare, cultural and social sphere based on legal acts or contracts. 9.2. Information owner’s obligations, established by the present Law, pertain to legal entities and individuals defined in Article 9.1.2. hereof only in relation to the information produced or acquired as a result of public duties carried out, or services provided in the spheres of education, healthcare, cultural and social sphere based on the legal acts or contracts. 9.3. The below listed are considered equal to the information owners: 9.3.1. legal entities holding the dominant position, as well as holding a special or exclusive right at the products market, or being a natural monopoly – in relation to the information associated with the terms of offers and prices of goods as well as the services and changes in such terms and prices; 9.3.2. fully or partially state-owned or subordinated non-commercial organizations, offbudget funds, as well as the trade associations where the state is a member or a participant – in relation to the information associated with the use of the State Budget funds or properties contributed to them." Article 3, Section 5. "information owner – state authorities, municipalities, legal entities irrespective of the ownership type, and individuals as determined by Article 9 hereof to guarantee the right of information access;". 2/2 Article 9. Information Owners "9.1. The below listed are considered the information owners: 9.1.1. state authorities and municipalities; 9.1.2. legal entities implementing the public functions, as well as private legal entities and individuals engaged in the spheres of education, healthcare, cultural and social sphere based on legal acts or contracts. 9.2. Information owner’s obligations, established by the present Law, pertain to legal entities and individuals defined in Article 9.1.2. hereof only in relation to the information produced or acquired as a result of public duties carried out, or services provided in the spheres of education, healthcare, cultural and social sphere based on the legal acts or contracts. 9.3. The below listed are considered equal to the information owners: 9.3.1. legal entities holding the dominant position, as well as holding a special or exclusive right at the products market, or being a natural monopoly – in relation to the information associated with the terms of offers and prices of goods as well as the services and changes in such terms and prices; 9.3.2. fully or partially state-owned or subordinated non-commercial organizations, offbudget funds, as well as the trade associations where the state is a member or a participant – in relation to the information associated with the use of the State Budget funds or properties contributed to them." Article 3, Section 5. "information owner – state authorities, municipalities, legal entities irrespective of the ownership type, and individuals as determined by Article 9 hereof to guarantee the right of information access;". 1/2 Article 9, Section 1. "9.1. The below listed are considered the information owners: 9.1.1. state authorities and municipalities; 9.1.2. legal entities implementing the public functions, as well as private legal entities and individuals engaged in the spheres of education, healthcare, cultural and social sphere based on legal acts or contracts." 28/30
15 Antigua 1/2 Art 15 (1) - "Notwithstanding any law to the contrary and subject to the provisions of this Act, every person has the right to obtain, on request, access to information." 4/4 Art 4(1) - "For purposes of this Act, a record includes any recorded information, regardless of its form, source, date of creation, or official status, whether or not it was created by the public authority or private body that holds it and whether or not it is classified." 2/2 Art 4(1) - "For purposes of this Act, a record includes any recorded information, regardless of its form, source, date of creation, or official status, whether or not it was created by the public authority or private body that holds it and whether or not it is classified." Art 16(2) - "A person making a request for information to a public authority shall be entitled, subject only to the provisions of this Part and Part IV of this Act" 8/8 Art 3(1) - "For the purpose of this Act, a public authority means - (a) the Government; (b) a Ministry of the Government and a department. division or unit, by whatever name known, of a Ministry; (c) the Barbuda Council established under section 123 the Constitution and the Barbuda Local Government Act; (d) a body - (i) established by or under the Constitution or any other law (ii) owned, controlled or substantially financed by the Government from public funds (iii) carrying out a function conferred by law or by executive action, or a public function conferred by the Government, only to the extent of that function (e) such other body carrying out a public function as the Minister may, by Order published in the Gazette, designated. (1) For purposes of this Act, a private body includes any body, excluding a public authority that:- (a) carries on any trade, business or profession, but only in that capacity; or (b) has legal personality 4/4 Art 52 of the Constitution. 1. "The power of Parliament to make laws shall be exercised by bills passed by the Senate and the House (or in the cases mentioned in sections 54 and 55 of this Constitution by the House) and assented to by the Governor-General on behalf of Her Majesty. 2. When a bill is presented to the Governor-General for assent in accordance with this Constitution, he shall signify that he assents thereto. 3. When the Governor-General assents to a bill that has been submitted to him in accordance with the provisions of this Constitution the bill shall become law and the Clerk of the House shall thereupon cause it to be published in the Official Gazette as law. 4. No law made by Parliament shall come into operation until it has been published in the Official Gazette but Parliament may postpone the coming into operation of any such law." 0/4 Art 7 - "This Act does not apply to - (c) a court, or the holder of a judicial office or other office pertaining to a court in its capacity or his capacity as such; or (d) a registry or other office of a court and the staff of such a registry or other office in their capacity as members of that staff in relation to matters pertaining to the administration of the court." 2/2 Art 3(1) - "For the purpose of this Act, a public authority means - (d) a body - (ii) owned, controlled or substantially financed by the Governmnet from public funds" 1/2 Art 3(1) - "For the purpose of this Act, a public authority means - (d) a body - (i)estbalished by or under the Constitution or any other law Art 7 - This Act does not apply to - (a) a commision of inquiry or the proceedings and findings of such a Commissions of Inquiries Act;" 2/2 Art 3(1) - "For the purpose of this Act, a public authority means - (d) a body - (ii) owned, controlled or substantially financed by the Governmnet from public funds (iii) carrying out a function conferred by law or by executive action, or a public function conferred by the Government, only to the extent of that function." 24/30
16 Macedonia 2/2 Article 4 "(1) Free access to information shall be enjoyed by all legal and natural persons. (2) Free access to information shall also be enjoyed by foreign legal and natural persons in accordance with the present Law and other laws." 4/4 Article 3 "<...> “information of public character” shall refer to information in any form whatsoever, created or disposed by an information holder in line with its competencies (hereinafter referred to as “information”) <...>". 2/2 Article 3 "<...> “information requester” shall refer to any legal or natural person without discrimination on any grounds whatsoever, in a manner and under conditions prescribed in the present Law and in other laws (hereinafter referred to as “the requester”); and -          “document” shall refer to any record of information, regardless of its physical form or features, a written or a printed text, maps, schemes, photographs, pictures, drawings, sketches, working materials, as well as audio, voice, magnetic or electronic records, optical or video records in any form whatsoever, as well as mobile equipment for automatic data processing with integrated or transferable memory to store data in digital form." 8/8 Art 3. "Certain expressions in the present Law shall have the following meanings: -“information holders” shall refer to state administration bodies and to other bodies and organizations specified by law, municipal bodies, bodies of the City of Skopje and to municipalities comprising the City of Skopje, institutions and public services, public enterprises, and to legal and natural persons performing public competencies determined by law; <...>" 4/4 Art 3. "Certain expressions in the present Law shall have the following meanings: -“information holders” shall refer to state administration bodies and to other bodies and organizations specified by law, municipal bodies, bodies of the City of Skopje and to municipalities comprising the City of Skopje, institutions and public services, public enterprises, and to legal and natural persons performing public competencies determined by law; <...>" 4/4 Art 3. "Certain expressions in the present Law shall have the following meanings: -“information holders” shall refer to state administration bodies and to other bodies and organizations specified by law, municipal bodies, bodies of the City of Skopje and to municipalities comprising the City of Skopje, institutions and public services, public enterprises, and to legal and natural persons performing public competencies determined by law;<...>" 2/2 Art 3. Certain expressions in the present Law shall have the following meanings: -“information holders” shall refer to state administration bodies and to other bodies and organizations specified by law, municipal bodies, bodies of the City of Skopje and to municipalities comprising the City of Skopje, institutions and public services, public enterprises, and to legal and natural persons performing public competencies determined by law; 2/2 Art 3. "Certain expressions in the present Law shall have the following meanings: -“information holders” shall refer to state administration bodies and to other bodies and organizations specified by law, municipal bodies, bodies of the City of Skopje and to municipalities comprising the City of Skopje, institutions and public services, public enterprises, and to legal and natural persons performing public competencies determined by law;<...>". 2/2 Art 3. "Certain expressions in the present Law shall have the following meanings: -“information holders” shall refer to state administration bodies and to other bodies and organizations specified by law, municipal bodies, bodies of the City of Skopje and to municipalities comprising the City of Skopje, institutions and public services, public enterprises, and to legal and natural persons performing public competencies determined by law;<...>". 30/30
17 Kenya 1/2 Section 2: citizen‖ means any individual who has Kenyan citizenship, and any private entity that is controlled by one or more Kenyan citizens. Section 4(1) Subject to this Act and any other written law, every citizen has the right of access to information…. 4/4 Section 2: \"\"information\"\" includes all records held by a public entity or a private body, regardless of the form in which the information is stored, its source or the date of production; \"\"public record\"\" includes any record in written or any other form containing information relating to the conduct of the public entity’s business, prepared, owned, used or retained by a public entity regardless of physical form or characteristics; 2/2 Section 2: \"\"information\"\" includes all records held by a public entity or a private body, regardless of the form in which the information is stored, its source or the date of production; \"\"public record\"\" includes any record in written or any other form containing information relating to the conduct of the public entity’s business, prepared, owned, used or retained by a public entity regardless of physical form or characteristics; 8/8 Section 2: \"\"public entity\"\" means— (a) any public office, as defined in Article 260 of the Constitution; or (b) any entity performing a function within a commission, office, agency or other body established under the Constitution; Constitution Section 260: “public office” means an office in the national government, a county government or the public service, if the remuneration and benefits of the office are payable directly from the Consolidated Fund or directly out of money provided by Parliament; 4/4 Section 2: \"\"public entity\"\" means— (a) any public office, as defined in Article 260 of the Constitution; or (b) any entity performing a function within a commission, office, agency or other body established under the Constitution; Constitution Section 260: “public office” means an office in the national government, a county government or the public service, if the remuneration and benefits of the office are payable directly from the Consolidated Fund or directly out of money provided by Parliament; 4/4 Section 2: \"\"public entity\"\" means— (a) any public office, as defined in Article 260 of the Constitution; or (b) any entity performing a function within a commission, office, agency or other body established under the Constitution; Constitution Section 260: “public office” means an office in the national government, a county government or the public service, if the remuneration and benefits of the office are payable directly from the Consolidated Fund or directly out of money provided by Parliament; 2/2 Section 2: \"\"public entity\"\" means— (a) any public office, as defined in Article 260 of the Constitution; or (b) any entity performing a function within a commission, office, agency or other body established under the Constitution; Constitution Section 260: “public office” means an office in the national government, a county government or the public service, if the remuneration and benefits of the office are payable directly from the Consolidated Fund or directly out of money provided by Parliament; 2/2 Section 2: \"\"public entity\"\" means— (a) any public office, as defined in Article 260 of the Constitution; or (b) any entity performing a function within a commission, office, agency or other body established under the Constitution; Constitution Section 260: “public office” means an office in the national government, a county government or the public service, if the remuneration and benefits of the office are payable directly from the Consolidated Fund or directly out of money provided by Parliament; 2/2 Section 2: \"private body\" means any private entity or non-state actor that— (a) receives public resources and benefits, utilizes public funds, engages in public functions, provides public services, has exclusive contracts to exploit natural resources (with regard to said funds, functions, services or resources); or (b) is in possession of information which is of significant public interest due to its relation to the protection of human rights, the environment or public health and safety, or to exposure of corruption or illegal actions or where the release of the information may assist in exercising or protecting any right; 29/30
18 Ethiopia 2/2 2(19): "“Person” mean a physical or juridical person." 12(1): "All persons have the right to seek, obtain and communicate any information held by public bodies, except as expressly provided for by this Proclamation." 4/4 2(6): "“Information” means any material recorded in any form." 2(7): "“Record” means regardless of who created it or when it was created, any recorded information in the possession and under the control of a public body and includes: a) any document, file or manuscript; b) any microfilm, microfiche or facsimile; c) any reproduction of images embodied in microfilms, whether enlarged or not: d) any other information which may be watched, read, listened to or otherwise comprehended only using a computer or any other technical device; or e) any other information recorded in any other form or medium." 1/2 2(6): "“Information” means any material recorded in any form." 2(7): "“Record” means regardless of who created it or when it was created, any recorded information in the possession and under the control of a public body and includes: a) any document, file or manuscript; b) any microfilm, microfiche or facsimile; c) any reproduction of images embodied in microfilms, whether enlarged or not: d) any other information which may be watched, read, listened to or otherwise comprehended only using a computer or any other technical device; or e) any other information recorded in any other form or medium." 12(2): "The right referred to under sub-article (1) of this Article shall include the right to be informed whether or not the public body holds a record containing the requested information and to obtain information from any public body by means of; a) inspection, taking extracts and notes; b) certified copies of any records of such public authority; c) diskettes, floppies or any other electronic mode or through print-outs where such information is stored in a computer or in any other device." 7/8 Art 2(5): "“Public Body” means any body established under the Federal Constitution or state constitution or any other law which forms part of any level or branch of the federal or regional state or owned, controlled or directly or indirectly substantially financed by funds provided by the federal or regional governments or accountable to the federal or regional states." Article 69 in the Constitution: "The President of the Federal Democratic Republic of Ethiopia is the Head of State." Article 72 in the Constitution: "The Powers of the Executive 1. The Highest executive powers of the Federal Government are vested in the Prime Minister and in the Council of Ministers. 2. The Prime Minister and the Council of Ministers are responsible to the House of Peoples’ Representatives. In the exercise of State functions, members of the Council of Ministers are collectively responsible for all decisions they make as a body. 3. Unless otherwise provided in this Constitution the term of office of the Prime Minister is for the duration of the mandate of the House of Peoples’ Representatives." 24: "The public relation officer shall not permit any request for an access to a cabinet record or a request to conform the existence or non existence of information contained in a cabinet record other than those records that are made available to the general public by the decision of the cabinet . 2/ Without prejudice to sub article (1) of this Article, a cabinet document shall include: a) a record that has been submitted to the cabinet for its consideration or is proposed by a head of the public body to be so submitted, being a document that was brought into existence for the purpose of submission for consideration by the cabinet; b) an official document of a cabinet; c) a document that is a copy of, or a part of, or contains an extract from, the document referred to in sub-article (a) or (b); or d) a record the disclosure of which would involve the disclosure of any deliberation or decision of cabinet, or its committee other than a document by which a decision of the cabinet was officially published." 4/4 2(5): "“Public Body” means any body established under the Federal Constitution or state constitution or any other law which forms part of any level or branch of the federal or regional state or owned, controlled or directly or indirectly substantially financed by funds provided by the federal or regional governments or accountable to the federal or regional states." Article 53 of the Constitution: "There shall be two Federal Houses: The House of Peoples’ Representatives and the House of the Federation." 4/4 2(5): "“Public Body” means any body established under the Federal Constitution or state constitution or any other law which forms part of any level or branch of the federal or regional state or owned, controlled or directly or indirectly substantially financed by funds provided by the federal or regional governments or accountable to the federal or regional states." Article 78 of the Constitution: " Independence of the Judiciary 1. An independent judiciary is established by this Constitution. 2. Supreme Federal judicial authority is vested in the Federal Supreme Court. The House of Peoples’ Representatives may, by two-thirds majority vote, establish nationwide, or in some parts of the country only, the Federal High Court and First-Instance Courts it deems necessary. Unless decided in this manner, the jurisdictions of the Federal High Court and of the First-Instance Courts are hereby delegated to the State courts. 3. States shall establish State Supreme, High and First-Instance Courts. Particulars shall be determined by law. 4. Special or ad hoc courts which take judicial powers away form the regular courts or institutions legally empowered to exercise judicial functions and which do not follow legally prescribed procedures shall not be established. 5. Pursuant to sub-Article 5 of Article 34 the House of Peoples’ Representatives and State Councils can establish or give official recognition to religious and customary courts. Religious and customary courts that had state recognition and functioned prior to the adoption of the Constitution shall be organized on the basis of recognition accorded to them by this Constitution." 0/2 Art 2(5): "“Public Body” means any body established under the Federal Constitution or state constitution or any other law which forms part of any level or branch of the federal or regional state or owned, controlled or directly or indirectly substantially financed by funds provided by the federal or regional governments or accountable to the federal or regional states." 2/2 Art 2(5): "“Public Body” means any body established under the Federal Constitution or state constitution or any other law which forms part of any level or branch of the federal or regional state or owned, controlled or directly or indirectly substantially financed by funds provided by the federal or regional governments or accountable to the federal or regional states." 1/2 2(5): "“Public Body” means any body established under the Federal Constitution or state constitution or any other law which forms part of any level or branch of the federal or regional state or owned, controlled or directly or indirectly substantially financed by funds provided by the federal or regional governments or accountable to the federal or regional states." 25/30
19 Nicaragua 2/2 Artículo 4.- "Para los fines de la presente Ley, se establecen las siguientes definiciones:(...) p. Persona: Comprende a todas las personas naturales o jurídicas, nacionales o extranjeras." 4/4 Artículo 2.- La información pública existente en posesión de las entidades señaladas en el artículo anterior, se considera de acceso público a quien lo solicite en los términos previstos en esta Ley. Artículo 3.- Para los fines de la presente Ley, se establecen los siguientes principios: 1. Principio de Acceso a la Información Públic a: Toda persona sin discriminación alguna, tiene derecho a solicitar y recibir datos, registros y todo tipo de información pública en forma completa, adecuada y oportuna de parte de todas las entidades sometidas al imperio de la presente Ley, salvo las excepciones previstas como información reservada. Artículo 4.- "Para los fines de la presente Ley, se establecen las siguientes definiciones:(...) e. Documento: Medio o instrumento de cualquier naturaleza, incluyendo electrónica, destinado a registrar o almacenar informació n, para su peremnización y representación.(...)" 2/2 Artículo 1.- La presente Ley tiene por objeto normar, garantizar y promover el ejercicio del derecho de acceso a la información pública existente en los documentos, archivos y bases de datos de las entidades o instituciones públicas, las sociedades mixtas y las subvencionadas por el Estado, así como las entidades privadas que administren, manejen o reciban recursos públicos, beneficios fiscales u otros beneficios, concesiones o ventajas. La información privada en poder del Estado no será considerada de libre acceso público. 8/8 Artículo 4.- "Para los fines de la presente Ley, se establecen las siguientes definiciones:(...) c. Entidades o Institución Pública: Los poderes del Estado (Legislativo, Ejecutivo, Judicial y Electoral) con sus dependencias, organismos adscritos o independientes, Entes Autónomos y Gubernamentales, in cluidas sus empresas; los Gobiernos Municipales y los Gobiernos Regionales Autónomos de la Costa Atlántica con sus correspondientes dependencias y empresas y las entidades autónomas establecidas en la Constitución Política de Nicaragua. d. Otras Entidades o Instituciones sometidas a la Ley de Acceso a la Información Pública: Toda entidad mixta o privada que sea concesionaria de servicios públicos; y las personas de derecho público o privado, cuando en el ejercicio de sus actividades actúen en apoyo de las entidades antes citadas o reciban recursos provenientes del Presupuesto General de la República sujetos a la rendición de cuentas.(...)" 4/4 Artículo 4.- "Para los fines de la presente Ley, se establecen las siguientes definiciones:(...) c. Entidades o Institución Pública: Los poderes del Estado (Legislativo, Ejecutivo, Judicial y Electoral) con sus dependencias, organismos adscritos o independientes, Entes Autónomos y Gubernamentales, in cluidas sus empresas; los Gobiernos Municipales y los Gobiernos Regionales Autónomos de la Costa Atlántica con sus correspondientes dependencias y empresas y las entidades autónomas establecidas en la Constitución Política de Nicaragua.(...)" 4/4 Artículo 4.- "Para los fines de la presente Ley, se establecen las siguientes definiciones:(...) c. Entidades o Institución Pública: Los poderes del Estado (Legislativo, Ejecutivo, Judicial y Electoral) con sus dependencias, organismos adscritos o independientes, Entes Autónomos y Gubernamentales, in cluidas sus empresas; los Gobiernos Municipales y los Gobiernos Regionales Autónomos de la Costa Atlántica con sus correspondientes dependencias y empresas y las entidades autónomas establecidas en la Constitución Política de Nicaragua.(...)" 2/2 Artículo 4.- "Para los fines de la presente Ley, se establecen las siguientes definiciones:(...) c. Entidades o Institución Pública: Los poderes del Estado (Legislativo, Ejecutivo, Judicial y Electoral) con sus dependencias, organismos adscritos o independientes, Entes Autónomos y Gubernamentales, in cluidas sus empresas; los Gobiernos Municipales y los Gobiernos Regionales Autónomos de la Costa Atlántica con sus correspondientes dependencias y empresas y las entidades autónomas establecidas en la Constitución Política de Nicaragua.(...)" 2/2 Artículo 4.- "Para los fines de la presente Ley, se establecen las siguientes definiciones:(...) c. Entidades o Institución Pública: Los poderes del Estado (Legislativo, Ejecutivo, Judicial y Electoral) con sus dependencias, organismos adscritos o independientes, Entes Autónomos y Gubernamentales, in cluidas sus empresas; los Gobiernos Municipales y los Gobiernos Regionales Autónomos de la Costa Atlántica con sus correspondientes dependencias y empresas y las entidades autónomas establecidas en la Constitución Política de Nicaragua. d. Otras Entidades o Instituciones sometidas a la Ley de Acceso a la Información Pública: Toda entidad mixta o privada que sea concesionaria de servicios públicos; y las personas de derecho público o privado, cuando en el ejercicio de sus actividades actúen en apoyo de las entidades antes citadas o reciban recursos provenientes del Presupuesto General de la República sujetos a la rendición de cuentas.(...)" 2/2 Artículo 1.- La presente Ley tiene por objeto normar, garantizar y promover el ejercicio del derecho de acceso a la información pública existente en los documentos, archivos y bases de datos de las entidades o instituciones públicas, las sociedades mixtas y las subvencionadas por el Estado, así como las entidades privadas que administren, manejen o reciban recursos públicos, beneficios fiscales u otros beneficios, concesiones o ventajas. La información privada en poder del Estado no será considerada de libre acceso público. Artículo 4.- "Para los fines de la presente Ley, se establecen las siguientes definiciones:(...) d. Otras Entidades o Instituciones sometidas a la Ley de Acceso a la Información Pública: Toda entidad mixta o privada que sea concesionaria de servicios públicos; y las personas de derecho público o privado, cuando en el ejercicio de sus actividades actúen en apoyo de las entidades antes citadas o reciban recursos provenientes del Presupuesto General de la República sujetos a la rendición de cuentas.(...)" 30/30
20 Moldova 0/2 Article 5 (Subjects of the present law). Section 3: "Official information may be requested, under conditions defined in the present law, by: a) any citizen of the Republic of Moldova; b) foreign citizens that reside in the Republic of Moldova; c) stateless persons that reside in the Republic of Moldova." 4/4 Article 6 (Official information): "1. Under the present law, the official information is defined as all information held and administered by information providers, which has been developed, selected, processed, systematized and/or adopted by official bodies or persons, or that is presented to them in conformity with the law by other subjects. 2. Under the present law, documents containing information are considered: 1. any of the following (or a part thereof): a) any piece of paper or other material, which carries an inscription; b) a map, chart, drawing, photograph; c) any paper or other material, which carries markings, figures, symbols or perforation that have a meaning to people qualified to interpret them; d) any object or material that can be used to reproduce sound, images or inscriptions with or without the help of another object or device; e) any other register of information that appeared as a result of the technological progress. [...]" Article 10 (Rights of requesting parties): "The person has the right to request, in person or through his/her representatives, from information providers, any information held by them, with the exception of cases specified by legislation." 2/2 Article 12 (Requesting access to official information) Section 1: "Official information and documents may be obtained by the requesting party on the basis of a written or verbal request." Article 13 (Means of accessing official information). Section 1: "The means of accessing information are: a) listening to the information that can be presented verbally; b) examining the document or information (or parts thereof) on the institution's premises; c) releasing a copy of the requested document or information (or parts thereof)[...]" 8/8 Article 5 (Subjects of the present law) Section 2: "Information providers, that is holders of official information required under the present law to provide such information to applicants, are: a) local and central public authorities - state administration bodies, as stipulated in the Constitution of the Republic of Moldova, and namely: Parliament, President, Government, Public Administration, Judicial Authorities; b) local and central public institutions - organizations founded by the state represented by public authorities that are financed by the state budget, who are responsible for activities of administration, those in social-cultural domains or other non-commercial activities; c) individuals and legal entities that, under the law or contract with public authorities, are empowered to provide some public services and to collect, select, preserve and hold official information, including data with private character." Article 9 (Access to information stored in the Archives of the Republic of Moldova): "Access to information stored in the State Archive Fund of the Republic of Moldova is regulated by the Law on the Archive Fund of the Republic of Moldova and by the present law. In cases of discrepancies between the provisions of the present law and of the Law on the Archive Fund of the Republic of Moldova, priority will be given to the provisions of the present law." 4/4 Article 5 (Subjects of the present law) Section 2: "Information providers, that is holders of official information required under the present law to provide such information to applicants, are: a) local and central public authorities - state administration bodies, as stipulated in the Constitution of the Republic of Moldova, and namely: Parliament, President, Government, Public Administration, Judicial Authorities;" Article 6 (Official information). Section 1: "Under the present law, the official information is defined as all information held and administered by information providers, which has been developed, selected, processed, systematized and/or adopted by official bodies or persons, or that is presented to them in conformity with the law by other subjects." 4/4 Article 5 (Subjects of the present law) Section 2: "Information providers, that is holders of official information required under the present law to provide such information to applicants, are: a) local and central public authorities - state administration bodies, as stipulated in the Constitution of the Republic of Moldova, and namely: Parliament, President, Government, Public Administration, Judicial Authorities;" Article 6 (Official information). Section 1: "Under the present law, the official information is defined as all information held and administered by information providers, which has been developed, selected, processed, systematized and/or adopted by official bodies or persons, or that is presented to them in conformity with the law by other subjects." 2/2 Article 5 (Subjects of the present law) Section 2: "Information providers, that is holders of official information required under the present law to provide such information to applicants, are: c) individuals and legal entities that, under the law or contract with public authorities, are empowered to provide some public services and to collect, select, preserve and hold official information, including data with private character." 2/2 Article 5 Subjects of the present law (1) The subjects of the present law are information providers and information seekers. (2) Information providers, that is holders of official information required under the present law to provide such information to applicants, are: a) local and central public authorities - state administration bodies, as stipulated in the Constitution of the Republic of Moldova, and namely: Parliament, President, Government, Public Administration, Judicial Authorities; 2/2 Article 5 (Subjects of the present law) Section 2: "Information providers, that is holders of official information required under the present law to provide such information to applicants, are: b) local and central public institutions - organizations founded by the state represented by public authorities that are financed by the state budget, who are responsible for activities of administration, those in social-cultural domains or other non-commercial activities; 28/30
21 South Africa 2/2 1: "<...> ‘‘person’’ means a natural person or a juristic person; <...>" 4/4 1: "<...> ‘‘record’’ of, or in relation to, a public or private body, means any recorded information— (a) regardless of form or medium; (b) in the possession or under the control of that public or private body, respectively; and (c) whether or not it was created by that public or private body, respectively. <...>" 2/2 1: "<...> ‘‘record’’ of, or in relation to, a public or private body, means any recorded information— (a) regardless of form or medium; (b) in the possession or under the control of that public or private body, respectively; and (c) whether or not it was created by that public or private body, respectively. <...>" 7/8 1: "<...> ‘‘public body’’ means— (a) any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or (b) any other functionary or institution when— (i) exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or (ii) exercising a public power or performing a public function in terms of any legislation; <...>" 3/4 12(c): "an individual member of Parliament or of a provincial legislature in that capacity." 1/4 12(b): "the judicial functions of— (i) a court referred to in section 166 of the Constitution; (ii) a Special Tribunal established in terms of section 2 of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996); or (iii) a judicial officer of such court or Special Tribunal;" 2/2 1: <...> "‘‘public body’’ means— (a) any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or (b) any other functionary or institution when— (i) exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or (ii) exercising a public power or performing a public function in terms of any legislation;" 2/2 1: <...> "‘‘public body’’ means— (a) any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or (b) any other functionary or institution when— (i) exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or (ii) exercising a public power or performing a public function in terms of any legislation;" 2/2 1: <...> "‘‘public body’’ means— (a) any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or (b) any other functionary or institution when— (i) exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or (ii) exercising a public power or performing a public function in terms of any legislation;" 25/30
22 Brazil 2/2 Article 10. The request for access, which may be performed by any person, shall be submitted by any legitimate means to bodies and entities referred to under Article 1 of this Law, and shall include the applicant’s identification and specification of the requested information. Article 2. The public bodies and entities that form the federal Executive Branch sh all ensure to both individuals and legal entities the right of access to information, which shall be granted upon the observance of objective and quick proceedings, performed in a transparent manner, and stipulated in an easily understandable language, in compliance with the principles of the public administration and the guidelines set forth in Law No. 12,527, of 2011 4/4 Article 4. For the purpose of this Law, one shall consider: I - information: processed or unprocessed data that can be used in the production and transmission of knowledge, within any media, support or format; Article 3. For the purposes of this Decree, one shall consider: I–information - processed or unprocessed data that can be used in the production and transmission of knowledge, within any media, support or format; II– processed data – data submitted to any operation or treatment performed by either electronic processing or automated means, with the support of information technology; III – document- unit of recorded information regardless of its support or format; IV – classified information-that piece of information which is temporarily unavailable to public access due to its relevance to social and State security, and other information protected under legal secrecy clauses; V– personal information-that piece of information which is related to an identified or identifiable individual, with respect to his/her intimacy, private life, honor and image; VI–handling of information-set of actions related to information production, reception, rating, use, access, reproduction, transportation, transmission, distribution, filing, storage, exclusion, evaluation, destination or control; VII – availability- quality of the information that can be accessed and used by authorized individuals, equipment or systems; VIII – authenticity- quality of the information produced, sent, received or modified by a determined individual, equipment or system; IX – integrity- quality of the non- modified information, encompassing its origin, traffic and destination; X – primary-quality of first-hand unfiltered information, retrieved from original sources, comprising as many details as possible on a given subject, without any changes or amendments; XI – updated information– information that comprises updated data on a given subject, in conformity with its nature, whose related time frames were set forth either in specific rules or according to the periodicity established in the computerized systems that organize such type of information; XII – preparatory document–official document elaborated to subsidize a decision making or an administrative act, i.e. opinions and technical notes. 2/2 Article 4. For the purpose of this Law, one shall consider: I - information: processed or unprocessed data that can be used in the production and transmission of knowledge, within any media, support or format; II – document: unit of information recorded regardless of its support or format; 8/8 Article 1. This Law establishes general norms on proceedings that shall be followed by the Federal Government, the States, the Federal District and Municipalities, as established in Article 5, XXXIII, Article 37, II-Paragraph 3, and Article 216, Paragraph 2 of the Constitution. Single Paragraph. The following are subordinated to the regime of this Law: I – public bodies that form the direct administration of the Executive Branch; Legislative Branch, including the Audit Offices; the Judiciary and the Public Prosecutor’s Office. 4/4 Article 1. This Law establishes general norms on proceedings that shall be followed by the Federal Government, the States, the Federal District and Municipalities, as established in Article 5, XXXIII, Article 37, II-Paragraph 3, and Article 216, Paragraph 2 of the Constitution. Single Paragraph. The following are subordinated to the regime of this Law: I – public bodies that form the direct administration of the Executive Branch; Legislative Branch, including the Audit Offices; the Judiciary and the Public Prosecutor’s Office. 4/4 Article 1. This Law establishes general norms on proceedings that shall be followed by the Federal Government, the States, the Federal District and Municipalities, as established in Article 5, XXXIII, Article 37, II-Paragraph 3, and Article 216, Paragraph 2 of the Constitution. Single Paragraph. The following are subordinated to the regime of this Law: I – public bodies that form the direct administration of the Executive Branch; Legislative Branch, including the Audit Offices; the Judiciary and the Public Prosecutor’s Office. 2/2 Article 1. This Law establishes general norms on proceedings that shall be followed by the Federal Government, the States, the Federal District and Municipalities, as established in Article 5, XXXIII, Article 37, II-Paragraph 3, and Article 216, Paragraph 2 of the Constitution. Single Paragraph. The following are subordinated to the regime of this Law: I – public bodies that form the direct administration of the Executive Branch; Legislative Branch, including the Audit Offices; the Judiciary and the Public Prosecutor’s Office. II – autonomous institutions connected to the State, public foundations, public companies, mixed corporations and other entities controlled directly or indirectly by the Federal Government, the States, the Federal District and Municipalities. 2/2 Article 1. This Law establishes general norms on proceedings that shall be followed by the Federal Government, the States, the Federal District and Municipalities, as established in Article 5, XXXIII, Article 37, II-Paragraph 3, and Article 216, Paragraph 2 of the Constitution. Single Paragraph. The following are subordinated to the regime of this Law: I – public bodies that form the direct administration of the Executive Branch; Legislative Branch, including the Audit Offices; the Judiciary and the Public Prosecutor’s Office. II – autonomous institutions connected to the State, public foundations, public companies, mixed corporations and other entities controlled directly or indirectly by the Federal Government, the States, the Federal District and Municipalities. 1/2 Article 2. The provisions of this Law are applicable, whenever possible, to non-profit private entities which receive, in order to perform actions of public interest, public funds directly from the budget or through social subventions, management contract, partnership term, agreements, deals, adjustments, or other instruments of the same kind. 29/30
23 Ukraine 2/2 Article 12. Definition and List of Subjects 1. Subjects of relations in the area of access to public information are: 1) requesters of information – natural persons, legal persons, associations of citizens without legal person status, except for subjects of public authority; 4/4 Article 1. Public Information 1. Public information shall mean information that is reflected and documented by any means and at any media and which was received or created in the process of performance by subjects of public authority of their duties envisaged in the acting legislation or which is in possession of the subjects of public authority, other administrators of public information determined by this Law. 2/2 Article 1. Public Information 1. Public information shall mean information that is reflected and documented by any means and at any media and which was received or created in the process of performance by subjects of public authority of their duties envisaged in the acting legislation or which is in possession of the subjects of public authority, other administrators of public information determined by this Law. 8/8 Article 13. Information Administrators 1. For the purposes of this Law, the information administrators shall be: 1) subjects of public authority – bodies of state power, other state bodies, bodies of local self-government, bodies of the Autonomous Republic of Crimea, other subjects that perform public management functions in accordance with legislation and whose decisions are mandatory for execution; 4/4 Article 13. Information Administrators 1. For the purposes of this Law, the information administrators shall be: 1) subjects of public authority – bodies of state power, other state bodies, bodies of local self-government, bodies of the Autonomous Republic of Crimea, other subjects that perform public management functions in accordance with legislation and whose decisions are mandatory for execution; 4/4 Article 13. Information Administrators 1. For the purposes of this Law, the information administrators shall be: 1) subjects of public authority – bodies of state power, other state bodies, bodies of local self-government, bodies of the Autonomous Republic of Crimea, other subjects that perform public management functions in accordance with legislation and whose decisions are mandatory for execution; 0/2 2/2 Article 13. 1. For the purposes of this Law, the information administrators shall be: 1) subjects of public authority – bodies of state power, other state bodies, bodies of local self-government, bodies of the Autonomous Republic of Crimea, other subjects that perform public management functions in accordance with legislation and whose decisions are mandatory for execution; 2/2 Article 13. Information Administrators 1. For the purposes of this Law, the information administrators shall be: 1) subjects of public authority – bodies of state power, other state bodies, bodies of local self-government, bodies of the Autonomous Republic of Crimea, other subjects that perform public management functions in accordance with legislation and whose decisions are mandatory for execution; 2) legal persons that are funded from the state, local budgets, budget of the Autonomous Republic of Crimea – regarding information about the use of budget funds; 3) persons, if they perform delegated authorities of the subjects of public authority in accordance with the law or agreement, including delivery of education, health, social, or any other state services – regarding information connected with execution of their duties; 28/30
24 Bangladesh 0/2 4: \"Right to information. —Subject to the provisions of this Act, every citizen shall have the right to information from the authority, and the authority shall, on demand from a citizen, be bound to provide him with the information.\" 4/4 2(f) : \"“information” includes any memo, book, design, map, contract, data, log book, order, notification, document, sample, letter, report, accounts, project proposal, photograph, audio, video, drawing, painting, film, any instrument done through electronic process, machine readable record, and any other documentary material regardless of its physical form or characteristics, and any copy thereof in relation to the constitution, structure and official activities of any authority: Provided that it shall not include note-sheets or copies of note-sheets;\" 2/2 2(f) : \"“information” includes any memo, book, design, map, contract, data, log book, order, notification, document, sample, letter, report, accounts, project proposal, photograph, audio, video, drawing, painting, film, any instrument done through electronic process, machine readable record, and any other documentary material regardless of its physical form or characteristics, and any copy thereof in relation to the constitution, structure and official activities of any authority: Provided that it shall not include note-sheets or copies of note-sheets;\" 5/8 2(b) : \" “Authority” means- (i) any organization constituted in accordance with the Constitution of the People’s Republic of Bangladesh; (ii) and ministry, division or office established under the Rules of Business made under article 55(6) of the Constitution of the People’s Republic of Bangladesh; (iii) any statutory body or institution established by or under any Act; (iv) any private organisation or institution run by government financing or with aid in grant from the government fund; (v) any private organisation or in stitution run by foreign aid in grant; (vi) any organisation or institution that undertakes public functions in accordance with any contract made on behalf of the Government or made with any public organisation or institution; or (vii) any organisation or institution as may be notified in the official Gazette from time to time by the Government;\" Constitution Article 48: \"The President. (1) There shall be a President of Bangladesh who shall be elected by members of Parliament in accordance with law. (2) The President shall as Head of State, take precedence over all other persons in the State, and shall exercise the powers and perform the duties conferred and imposed on him by this Constitution and by any other law. (3) In the exercise of all his functions, save only that of appointing the Prime Minister pursuant to clause (3) of article 56 and the Chief Justice pursuant to clause (1) of article 95, the President shall act in accordance with the advice of the Prime Minister; Provided that the question whether any, and if so what, advice has been tendered by the Prime Minister to the President shall not be enquired into in any court. (4) A person shall not be qualified for election as President if he- (a) is less than thirty-five years of age; or (b) is not qualified for election a member of Parliament; or (c) has been removed from the office of President by impeachment under this Constitution. (5) The Prime Minister shall keep the President informed on matters of domestic and foreign policy, and submit for the consideration of the Cabinet any matter which the President may request him to refer to it.\" Constitution Article 55: \"The Cabinet. (1) There shall be a Cabinet for Bangladesh having the Prime Minister at its head and comprising also such other Minister as the Prime Minister may from time to time designate. (2) The executive power of the Republic shall, in accordance with this Constitution, be exercised by or on the authority of the Prime Minister. (3) The Cabinet shall be collectively responsible to Parliament. (4) All executive actions of the Government shall be expressed to be taken in the name of the President. (5) The President shall by rules specify the manner in which orders and other instruments made in his name shall be attested of authenticated, and the validity or any order of instrument so attested or authenticated shall not be questioned in any court on the ground that it was not duly made or executed. (6) The President shall make rules for the allocation and transaction of the business of the Government.\" Constitution Article 56: \"Minister. (1) There shall be Prime Minister, and such other Ministers, Ministers of State and Deputy Ministers as may be determined by the Prime Minister. (2) The appointments of the Prime Minister and other Ministers and of the Ministers of State and Deputy Ministers, shall be made by the President: Provided that not less than nine-tenths of their number shall be appointed from among members of Parliament and not more than one-tenth of their number maybe chosen from among persons qualified for election as members of Parliament. (3) The President shall appoint as Prime Minister the member of Parliament who appears to him to command the support of the majority of the members of Parliament. (4) If occasion arises for making any appointment under clause (2) of clause (3) between a dissolution of Parliament and the next following general election of members of Parliament, the persons who were such members immediately before the dissolution shall be regarded for the purpose of this clause as counting to be such members.\" Constitution Article 59: \"Local Government (1) Local Government in every administrative unit of the Republic shall be entrusted to bodies, composed of persons elected in accordance with law. (2) Everybody such as is referred to in clause (1) shall, subject to this Constitution and any other law, perform within the appropriate administrative unit such functions as shall be prescribed by Act of Parliament, which may include functions relating to- (a) Administration and the work of public officers; (b) the maintenance of public order; the preparation and implementation of plans relating to public services and economic development.\" 32: \"Inapplicability of this Act in case of certain organisations and institutions.- (1) Notwithstanding anything contained in any provisions of this Act, this Act shall not apply to the or ganisations and institutions which are involved in state security and intelligence mentioned in the Schedule. (2) Notwithstanding anything contained in sub-section (1), this section shall not apply to such information that are pertaining to corruption and violation of human rights in the above-mentioned organisations and institutions. (3) On receipt of any request for information under sub-section (2), the concerned organisation or institution shall, subject to the approval of the Information Commission, provide the applicant with the requested information within 30 (thirty) days from the date of receipt of such request. (4) The Government if necessary may, in consultation with the Information Commission, amend the Schedule increasing or decreasing the number of organisations and institutions mentioned in the Schedule by a notification published in the official Gazette from time to time.\" 4/4 2(b) : \"“Authority” means- (i) any organization constituted in accordance with the Constitution of the People’s Republic of Bangladesh; (ii) and ministry, division or office established under the Rules of Business made under article 55(6) of the Constitution of the People’s Republic of Bangladesh; (iii) any statutory body or institution established by or under any Act; (iv) any private organisation or institution run by government financing or with aid in grant from the government fund; (v) any private organisation or in stitution run by foreign aid in grant; (vi) any organisation or institution that undertakes public functions in accordance with any contract made on behalf of the Government or made with any public organisation or institution; or (vii) any organisation or institution as may be notified in the official Gazette from time to time by the Government;\" Constitution Article 65: \"Establishment of Parliament (1) There shall be a Parliament for Bangladesh (to be known as the House of the Nation) in which subject to the provisions of this Constitution, shall be vested the legislative powers of the Republic: Provided that nothing in this clause shall prevent Parliament from delegating to any person or authority, by Act of Parliament, power to make orders, rules, regulations, bye-laws or other instruments having legislative effect. (2) Parliament shall consist of three hundred members to be elected in accordance with law from single territorial constituencies by direct election and, for so long as clause (3) is effective, the members provided for in that clause; the member shall be designated as Members of Parliament. (3) Until the dissolution of Parliament occurring next after the expiration of the period of ten years beginning from the date of the first meeting of the Parliament next after the Parliament in existence at the time of the commencement of the Constitution (Fourteenth Amendment) Act, 2004, there shall be reserved forty five seats exclusively for women members and they will be elected by the afore said members in accordance with law on the basis of procedure of proportional representation in the Parliament through single transferable vote: Provided that nothing in this clause shall be deemed to prevent a woman from being elected to any of the seats provided for in clause (2) of this article. (4) The seat of Parliament shall be in the capital.\" 4/4 2(b) : \" “Authority” means- (i) any organization constituted in accordance with the Constitution of the People’s Republic of Bangladesh; (ii) and ministry, division or office established under the Rules of Business made under article 55(6) of the Constitution of the People’s Republic of Bangladesh; (iii) any statutory body or institution established by or under any Act; (iv) any private organisation or institution run by government financing or with aid in grant from the government fund; (v) any private organisation or in stitution run by foreign aid in grant; (vi) any organisation or institution that undertakes public functions in accordance with any contract made on behalf of the Government or made with any public organisation or institution; or (vii) any organisation or institution as may be notified in the official Gazette from time to time by the Government;\" Constitution Article 94: \"Establishment of Supreme Court (1) There shall be a Supreme Court for Bangladesh (to be Known as the Supreme Court of Bangladesh) comprising the Appeal late Division and the High Court Division. (2) The Supreme Court shall consist of the Chief Justice, to be known as the Chief Justice of Bangladesh, and such number of other Judges as the President may deem it necessary to appoint to each division. (3) The Chief Justice, and the Judges appointed to the Appellate Division, shall sit only in that division, and the other Judges shall sit only in the High Court Division. (4) Subject to the provisions of this Constitution the Chief Justice and the other Judges shall be independent in the exercise of their judicial functions.\" Constitution Article 95: \"Appointment of Judges (1) The Chief Justice and other Judges shall be appointed by the President. (2) A person shall not be qualified for appointment as a Judge unless he is a citizen of Bangladesh and- (a) has, for not less than ten years, been a advocate of the Supreme Court; or (b) has, for not less than ten years, held judicial office in the territory of Bangladesh; or (c) has such other qualifications as maybe prescribed by law for appointment as a Judge of the Supreme Court. (3) In this articles, \"Supreme Court\" includes\' a Court which at any time before the commencement of the Second Proclamation (Tenth Amendment) Order, 1977, exercised jurisdiction as a High Court or Supreme Court in the territory now forming part of Bangladesh.\" 2/2 2(b)(iii) <“Authority” means->: \"any statutory body or institution established by or under any Act;\" 2(b)(iv) <“Authority” means->: \"any private organisation or institution run by government financing or with aid in grant from the government fund;\" 2/2 2(b) : \"“Authority” means- (i) any organization constituted in accordance with the Constitution of the People’s Republic of Bangladesh; (ii) and ministry, division or office established under the Rules of Business made under article 55(6) of the Constitution of the People’s Republic of Bangladesh; (iii) any statutory body or institution established by or under any Act; (iv) any private organisation or institution run by government financing or with aid in grant from the government fund; (v) any private organisation or in stitution run by foreign aid in grant; (vi) any organisation or institution that undertakes public functions in accordance with any contract made on behalf of the Government or made with any public organisation or institution; or (vii) any organisation or institution as may be notified in the official Gazette from time to time by the Government;\" 2/2 2(b)(iv) <“Authority” means->: \"any private organisation or institution run by government financing or with aid in grant from the government fund;\" 2(b)(vi) <“Authority” means->: \"any organisation or institution that undertakes public functions in accordance with any contract made on behalf of the Government or made with any public organisation or institution; or\" 25/30
25 Kosovo 2/2 Art. 3: "1.4. The applicant of a document - any natural or legal person, without discrimination on any grounds, under principles and conditions established by the present Law and other Law (hereinafter “the applicant”)." 4/4 Art. 3: "1.3. Official Document - including but not limited to, all information recorded in any form, drawn and received by the public institutions An Official Document is any official letter serving to prove or establish something, regardless its physical form or characteristics, written or typed text, maps, schedules, pictures, drawings, sketches, working materials stored in magnetic or electronic form as a sound or voice, any form of optical or visual recordings, and portable equipment for automatic data processing by installed or transferable memories for electronic data storage (hereinafter “the document”);" 1/2 Art. 3: "1.3. Official Document - including but not limited to, all information recorded in any form, drawn and received by the public institutions An Official Document is any official letter serving to prove or establish something, regardless its physical form or characteristics, written or typed text, maps, schedules, pictures, drawings, sketches, working materials stored in magnetic or electronic form as a sound or voice, any form of optical or visual recordings, and portable equipment for automatic data processing by installed or transferrable memories for electronic data storage (hereinafter “the document”);" 8/8 Article 3 Definitions "1. Terms used in this Law shall have the following meaning: 1.1. Public institutions - the following state authorities and institutions; 1.1.1. The Government and administration in national, regional and local level; 1.1.2. lawmaking and judicial institutions, if they exercise administrative functions in accordance with laws of the Republic of Kosovo; 1.1.3. natural or legal persons if they exercise administrative authority, exercise public functions or operate by public funds in accordance with laws of the Republic of Kosovo (private vendors exercising public competences); 1.1.4. lawmaking institutions in relation to their other activities; 1.1.5. judicial institutions in relation to their other activities; and 1.1.6. independent institutions listed in or established under Chapter XII of Constitution of the Republic of Kosovo." 2/4 Article 3 "Definitions 1. Terms used in this Law shall have the following meaning: 1.1. Public institutions - the following state authorities and institutions; 1.1.1. The Government and administration in national, regional and local level; 1.1.2. lawmaking and judicial institutions, if they exercise administrative functions in accordance with laws of the Republic of Kosovo; 1.1.3. natural or legal persons if they exercise administrative authority, exercise public functions or operate by public funds in accordance with laws of the Republic of Kosovo (private vendors exercising public competences); 1.1.4. lawmaking institutions in relation to their other activities; 1.1.5. judicial institutions in relation to their other activities; and 1.1.6. independent institutions listed in or established under Chapter XII of Constitution of the Republic of Kosovo." 2/4 Article 3 "Definitions 1. Terms used in this Law shall have the following meaning: 1.1. Public institutions - the following state authorities and institutions; 1.1.1. The Government and administration in national, regional and local level; 1.1.2. lawmaking and judicial institutions, if they exercise administrative functions in accordance with laws of the Republic of Kosovo; 1.1.3. natural or legal persons if they exercise administrative authority, exercise public functions or operate by public funds in accordance with laws of the Republic of Kosovo (private vendors exercising public competences); 1.1.4. lawmaking institutions in relation to their other activities; 1.1.5. judicial institutions in relation to their other activities; and 1.1.6. independent institutions listed in or established under Chapter XII of Constitution of the Republic of Kosovo." 2/2 Article 3 "Definitions 1. Terms used in this Law shall have the following meaning: 1.1. Public institutions - the following state authorities and institutions; 1.1.1. The Government and administration in national, regional and local level; 1.1.2. lawmaking and judicial institutions, if they exercise administrative functions in accordance with laws of the Republic of Kosovo; 1.1.3. natural or legal persons if they exercise administrative authority, exercise public functions or operate by public funds in accordance with laws of the Republic of Kosovo (private vendors exercising public competences); 1.1.4. lawmaking institutions in relation to their other activities; 1.1.5. judicial institutions in relation to their other activities; and 1.1.6. independent institutions listed in or established under Chapter XII of Constitution of the Republic of Kosovo." 2/2 Article 3 "Definitions 1. Terms used in this Law shall have the following meaning: 1.1. Public institutions - the following state authorities and institutions; 1.1.1. The Government and administration in national, regional and local level; 1.1.2. lawmaking and judicial institutions, if they exercise administrative functions in accordance with laws of the Republic of Kosovo; 1.1.3. natural or legal persons if they exercise administrative authority, exercise public functions or operate by public funds in accordance with laws of the Republic of Kosovo (private vendors exercising public competences); 1.1.4. lawmaking institutions in relation to their other activities; 1.1.5. judicial institutions in relation to their other activities; and 1.1.6. independent institutions listed in or established under Chapter XII of Constitution of the Republic of Kosovo." 2/2 Article 3 "Definitions 1. Terms used in this Law shall have the following meaning: 1.1. Public institutions - the following state authorities and institutions; 1.1.1. The Government and administration in national, regional and local level; 1.1.2. lawmaking and judicial institutions, if they exercise administrative functions in accordance with laws of the Republic of Kosovo; 1.1.3. natural or legal persons if they exercise administrative authority, exercise public functions or operate by public funds in accordance with laws of the Republic of Kosovo (private vendors exercising public competences); 1.1.4. lawmaking institutions in relation to their other activities; 1.1.5. judicial institutions in relation to their other activities; and 1.1.6. independent institutions listed in or established under Chapter XII of Constitution of the Republic of Kosovo." 25/30
26 Finland 2/2 Section 3 (Objectives): "The objectives of the right of access and the duties of the authorities provided in this Act are to promote openness and good practice on information management in government, and to provide private individuals and corporations with an opportunity to monitor the exercise of public authority and the use of public resources, to freely form an opinion, to influence the exercise of public authority, and to protect their rights and interests." Section 9. (Access to a document in the public domain). "(1) Everyone shall have the right of access to an official document in the public domain." 3/4 Section 5 (Official document): “1. For the purposes of this Act, a document is defined as a written or visual presentation, […]. 2. An official document is defined as a document in the possession of an authority and prepared by an authority or a person in the service of an authority, or a document delivered to an authority for the consideration of a matter or otherwise in connection with a matter within the competence or duties of the authority. In addition, a document is deemed to be prepared by an authority if it has been commissioned by the authority; and a document is deemed to have been delivered to an authority if it has been given to a person commissioned by the authority or otherwise acting on its behalf for the performance of the commission.” 3. "[...] the following are deemed not to be official documents: (1) a letter or other document sent to a person in the service of an authority or to an elected official [...]; (2) notes kept by a person in the service of an authority or a person commissioned by an authority... (3) documents procured for in-service training, information retrieval or any other comparable internal activity of an authority; (4) a document given to an authority for the performance of a task on behalf of a private party, or prepared for this purpose; (5) a document left with or handed in to an authority as lost property,” Section 6 (When a document prepared by an authority enters the public domain) Paragraph 1: “Unless otherwise provided on document publicity or secrecy or another restriction of access to information in this Act or another Act, a document prepared by an authority shall enter the public domain as follows: (1) an entry in a continuously updated diary or comparable register enters the public domain when it is made; however, information on a suspect in the diary of a prosecutor enters the public domain only after the application for a summons or the prosecutor’s summons has been signed or verified in a similar manner, or after the public prosecutor has decided to waive prosecution or the matter has lapsed;” Section 15 (Forwarding the request for a document to another authority) Paragraph 2: “If access is requested to personal, business, real estate or vehicle data or other similar identification or address information which is entered into a register meant for public use by another authority, the request may be transferred for the consideration of the appropriate registration authority.” 2/2 Section 2. (Scope of application): “This Act contains provisions on the right of access to official documents in the public domain, officials’ duty of non-disclosure, document secrecy and any other restrictions of access that are necessary for the protection of public or private interests, as well as on the duties of the authorities for the achievement of the objectives of this Act.” Administrative Procedure Act of Finland. Section 8 (Advice). Paragraph 1: “An authority shall provide to its customers the necessary advice, within its competence, for taking care of administrative matters; as well as respond to the questions and queries on its service. Advice shall be provided free of charge.” 8/8 Section 1 (Principle of openness). Paragraph 2: “There are specific provisions that apply to the right to attend Parliamentary plenary sessions, meetings of municipal councils and other municipal bodies, court hearings and meetings of ecclesiastical bodies.” Section 4 (Authorities) Paragraph 1: “For the purposes of this Act, authorities are defined as: (1) State administrative authorities and other State agencies and institutions; (2) courts of law and the other bodies for the administration of the law; (3) State enterprises; (4) municipal authorities; (5) the Bank of Finland, including the Finance Supervision Authority, the National Pensions Institution and other independent institutions subject to public law; however, this Act applies to the documents of the Pensions Security Centre and the Agricultural Pensions Institute as provided in paragraph (2); (6) Parliamentary agencies and institutions; (7) ˜land authorities, when performing the duties of State authorities in ˜land; (8) independent boards, consultative bodies, commissions, committees, working groups, investigators, as well as auditors of municipalities and federations of municipalities, and other comparable organs appointed for the performance of a given task on the basis of an Act, a Decree or a decision of an authority referred to in subparagraph (1), (2) or (7). Paragraph 2: “The provisions on an authority also apply to corporations, institutions, foundations and private individuals appointed for the performance of a public task on the basis of an Act, a Decree or a provision or order issued by virtue of an Act or a Decree, when they exercise public authority. Separate provisions apply to access to the documents of the Evangelical Lutheran Church.” 4/4 Section 4 (Authorities). Paragraph 1: “For the purposes of this Act, authorities are defined as: (1) State administrative authorities and other State agencies and institutions; (2) courts of law and the other bodies for the administration of the law; (3) State enterprises; (4) municipal authorities; (5) the Bank of Finland, including the Finance Supervision Authority, the National Pensions Institution and other independent institutions subject to public law; however, this Act applies to the documents of the Pensions Security Centre and the Agricultural Pensions Institute as provided in paragraph (2); (6) Parliamentary agencies and institutions; (7) ˜land authorities, when performing the duties of State authorities in ˜land; (8) independent boards, consultative bodies, commissions, committees, working groups, investigators, as well as auditors of municipalities and federations of municipalities, and other comparable organs appointed for the performance of a given task on the basis of an Act, a Decree or a decision of an authority referred to in subparagraph (1), (2) or (7)." 4/4 Section 4 (Authorities). Paragraph 1: "For the purposes of this Act, authorities are defined as:[…] (2) courts of law and the other bodies for the administration of the law […];" Section 6 (When a document prepared by an authority enters the public domain). Paragraph 1.7: “a court order or judgment enters the public domain from the moment it is handed down or when it is made available to the parties;" 2/2 Section 4 (Authorities). Section 1: "For the purposes of this Act, authorities are defined as: [...] 3. State enterprises;<...>" 2/2 Section 4 (Authorities). Section 1: "For the purposes of this Act, authorities are defined as: [...] 5. the Bank of Finland, including the Finance Supervision Authority, the National Pensions Institution and other independent institutions subject to public law; however, this Act applies to the documents of the Pensions Security Centre and the Agricultural Pensions Institute as provided in paragraph (2)" 1/2 Section 4. Paragraph 2: "To make public information available is the obligation of representative trade unions and employees organisations in the understanding of the Act of 6 July, 2001 on the Tripartite Committee for Social-Economic Matters and voivodship committees of social dialogue (Journal of Laws No 100, it. 1080, with later amend.) and political parties." 28/30
27 Nepal 0/2 3(1): "Every Nepali Citizen shall have the right to information subject to this Act." 4/4 2(b): ""Information" denotes any written document, material or information related to the functions, proceedings thereof or decisions of public importance made by the public agencies." 2/2 2(b): ""Information" denotes any written document, material or information related to the functions, proceedings thereof or decisions of public importance made by the public agencies." 8/8 2(a)(1) : "Agencies under the Constitution." 4/4 2(a)(1) : "Agencies under the Constitution." 4/4 2(a)(1) : "Agencies under the Constitution." 2/2 2(a)(6) : "Organized institution under the full or partial ownership or under control of the Nepal Government; or organized body receiving grants from Nepal Government." 2/2 2(a)(3) : "Agencies formed by the Nepal Government." 2(a)(4) : "Organizations and Foundations established by the law to provide public services." 1/2 2(a)(6) : "Organized institution under the full or partial ownership or under control of the Nepal Government; or organized body receiving grants from Nepal Government." 2(a)(8) : "Non-governmental organization or institution operated obtaining money directly or indirectly from the Nepal government or foreign government or international organizations or institutions;" 27/30
28 Yemen 2/2 4: "Access to information is one of the basic rights of the citizen. Citizens have the right to exercise this right within the law. Foreigners can have access to information on the condition of having the same treatment." 7: "All natural and legal persons have the right to apply for access to information and there should not be any legal accountability from the submission of this application." 4/4 2: "<...> Information: Facts that are recognized in the conscience and which are present as moral and materialistic values in the form of numbers and letters; also, as drawings, images and sounds that which are being collected, processed and saved by electronic methods and sheets, <...>" 2/2 2: "<...> Information: Facts that are recognized in the conscience and which are present as moral and materialistic values in the form of numbers and letters; also, as drawings, images and sounds that which are being collected, processed and saved by electronic methods and sheets, <...>" 8/8 2: "<...> Concerned party: The legislative, executive and judicial branches, ministries and agencies, institutions and departments of central and local units along with both the public and the mixed sector and every party shall be partially or entirely funded from the general budget of the State. <...>" 4/4 2: "<...> Concerned party: The legislative, executive and judicial branches, ministries and agencies, institutions and departments of central and local units along with both the public and the mixed sector and every party shall be partially or entirely funded from the general budget of the State. <...>" 4/4 2: "<...> Concerned party: The legislative, executive and judicial branches, ministries and agencies, institutions and departments of central and local units along with both the public and the mixed sector and every party shall be partially or entirely funded from the general budget of the State. <...>" 2/2 2: "<...> Concerned party: The legislative, executive and judicial branches, ministries and agencies, institutions and departments of central and local units along with both the public and the mixed sector and every party shall be partially or entirely funded from the general budget of the State. <...>" 2/2 2: "<...> Concerned party: The legislative, executive and judicial branches, ministries and agencies, institutions and departments of central and local units along with both the public and the mixed sector and every party shall be partially or entirely funded from the general budget of the State. <...>" 1/2 2: "<...> Concerned party: The legislative, executive and judicial branches, ministries and agencies, institutions and departments of central and local units along with both the public and the mixed sector and every party shall be partially or entirely funded from the general budget of the State. <...>" 29/30
29 Bosnia and Herzegovina 2/2 Article 4 Right of Access. "Every natural and legal person has the right to access information in the control of a public authority, and each public authority has a corresponding obligation to disclose such information.This right of access may only be subject to such formalities and restrictions as are prescribed by this Act." 4/4 Article 3 Definitions. "For the purpose of this Act: "information" means any material which communicates facts, opinions, data or any other content, including any copy or portion thereof, regardless of form, characteristics, when it was created, or how it is classified;" 2/2 Article 3 Definitions. "For the purpose of this Act: "information" means any material which communicates facts, opinions, data or any other content, including any copy or portion thereof, regardless of form, characteristics, when it was created, or how it is classified;". 8/8 Article 2: "This Act shall be interpreted so as to facilitate and encourage the maximum and prompt disclosure of information in the control of public authorities" Art 3.2 "public authority" means any authority or legal person in the Federation of Bosnia and Herzegovina (hereafter "Federation") as follows: - a legislative authority; - an executive authority; - a judicial authority; - an administrative authority; - a legal person appointed or established by law to carry out a public function; - a legal person that is either owned or controlled by the Federation, or by a canton, municipality or town within the Federation, or that’s work is administered by a public authority; 4/4 Article 2: "This Act shall be interpreted so as to facilitate and promote the maximum and prompt disclosure of information in the control of public authorities at the lowest reasonable cost." Art 3.2 ""public authority" means any of the following in Bosnia and Herzegovina: a. an executive authority; b. a legislative authority; c. a judicial authority; d. a body appointed or established by law to carry out a public function; e. any other administrative authority; f. a body that is either owned or controlled by a public authority." 4/4 Article 2: "This Act shall be interpreted so as to facilitate and encourage the maximum and prompt disclosure of information in the control of public authorities at the lowest reasonable cost." Art 3.2 "2. "public authority" means any of the following in Bosnia and Herzegovina: a. an executive authority; b. a legislative authority; c. a judicial authority; d. a body appointed or established by law to carry out a public function; e. any other administrative authority; f. a body that is either owned or controlled by a public authority." 2/2 Article 2: "This Act shall be interpreted so as to facilitate and encourage the maximum and prompt disclosure of information in the control of public authorities at the lowest reasonable cost." Art 3.2 "2. "public authority" means any of the following in Bosnia and Herzegovina: a. an executive authority; b. a legislative authority; c. a judicial authority; d. a body appointed or established by law to carry out a public function; e. any other administrative authority; f. a body that is either owned or controlled by a public authority." 2/2 Article 2: "This Act shall be interpreted so as to facilitate and encourage the maximum and prompt disclosure of information in the control of public authorities at the lowest reasonable cost." Art 3.2 "2. "public authority" means any of the following in Bosnia and Herzegovina: a. an executive authority; b. a legislative authority; c. a judicial authority; d. a body appointed or established by law to carry out a public function; e. any other administrative authority; f. a body that is either owned or controlled by a public authority." 2/2 Article 2: "This Act shall be interpreted so as to facilitate and encourage the maximum and prompt disclosure of information in the control of public authorities at the lowest reasonable cost." Art 3.2 "2. "public authority" means any of the following in Bosnia and Herzegovina: a. an executive authority; b. a legislative authority; c. a judicial authority; d. a body appointed or established by law to carry out a public function; e. any other administrative authority; f. a body that is either owned or controlled by a public authority." 30/30
30 Colombia 2/2 Article 4. Concept of law. In exercise of the fundamental right of access to information, a person can learn about the existence and access to public information in the possession or control of entities. Access to information may be restricted only in exceptional cases. Exceptions will be limited and proportional, you must be prescribed by law or the Constitution and be consistent with the principles of a democratic society. The right of access to information generated by the corresponding obligation to proactively disseminate public information and respond in good faith, properly, accurate, timely and affordable access to applications, which in turn entails the obligation to produce or capture public information. To meet the above entities shall implement procedures to ensure archival availability at time of authentic electronic documents. Paragraph. When the user finds that the application of information threatens their safety or that of your family, you may apply to the Public Ministry's special application process, including identification reserved. 4/4 6(a) Information. It refers to an organized set of data contained in any document that obligated parties generate, obtain, acquire, transform or control; 2/2 6(a) Information. It refers to an organized set of data contained in any document that obligated parties generate, obtain, acquire, transform or control; 8/8 Article 5 °. Scope. The provisions of this law the following persons shall be applicable as obligated parties: a) A public entity, including to members of all branches of government, at all levels of the state structure, central or decentralized for services or territorial, national, departmental, municipal and county orders; b) agencies, and independent or autonomous state entities and control; c) Natural and legal persons, public or private, to provide public service, providing public services for information directly related to the provision of public services; d) Any natural person, legal entity or reliance person holding public authority or public function, for information directly related to the performance of their duties; e) The political parties or movements and significant groups of citizens; f) Entities that administer quasi-Government agencies, funds or resources of nature or public origin. Natural or legal persons receiving or intermediating funds or territorial and national public benefits and do not meet any other requirements to be considered obligated only must comply with this Act in respect of that information produced in connection with public funds received or as intermediaries. 4/4 Article 5 °. Scope. The provisions of this law the following persons shall be applicable as obligated parties: a) A public entity, including to members of all branches of government, at all levels of the state structure, central or decentralized for services or territorial, national, departmental, municipal and county orders; 4/4 Article 5 °. Scope. The provisions of this law the following persons shall be applicable as obligated parties: a) A public entity, including to members of all branches of government, at all levels of the state structure, central or decentralized for services or territorial, national, departmental, municipal and county orders; b) agencies, and independent or autonomous state entities and control; c) Natural and legal persons, public or private, to provide public service, providing public services for information directly related to the provision of public services; d) Any natural person, legal entity or reliance person holding public authority or public function, for information directly related to the performance of their duties; e) The political parties or movements and significant groups of citizens; f) Entities that administer quasi-Government agencies, funds or resources of nature or public origin. Natural or legal persons receiving or intermediating funds or territorial and national public benefits and do not meet any other requirements to be considered obligated only must comply with this Act in respect of that information produced in connection with public funds received or as intermediaries. 1/2 2/2 Article 5 °. Scope. The provisions of this law the following persons shall be applicable as obligated parties: ... b) agencies, and independent or autonomous state entities and control; 2/2 Article 5 °. Scope. The provisions of this law the following persons shall be applicable as obligated parties: ... c) Natural and legal persons, public or private, to provide public service, providing public services for information directly related to the provision of public services; d) Any natural person, legal entity or reliance person holding public authority or public function, for information directly related to the performance of their duties; ... Natural or legal persons receiving or intermediating funds or territorial and national public benefits and do not meet any other requirements to be considered obligated only must comply with this Act in respect of that information produced in connection with public funds received or as intermediaries. 29/30
31 Indonesia 1/2 Art 1(12) and 2(1) - includes legal persons, but limited to Indonesians 4/4 Art 1(1) - very broad definition 2/2 Art 1(1) and 1(2) 8/8 1(3) includes the executive as a whole and the law includes reference to provincial and local bodies and any other agencies whose function relates to organizing the state - comprehensive enough for full points. 4/4 1(3) includes the legislative branch as a whole. 4/4 1(3) includes the judicial branch as a whole. 2/2 1(3) 2/2 1(3) 1/2 1(3) includes entities receiving public funding or whose main duties relate to organizing the state. I don't think this exactly covers institutions serving a public function - so I'll deduct a point. 28/30
32 Kyrgyzstan 2/2 3: "Everyone has a guarantee of the right to access to information held by state bodies and local self-government bodies. The main principles of freedom of access to information are accessibility, objectivity, timeliness, openness and truthfulness of information. State shall defense the right of each person to seek, receive, research, produce, impart and disseminate information. Restrictions of access and dissemination information shall be established only by law." 4/4 2/2 25: "1. State bodies and local self-government bodies shall realize the activities on developing and support the centralized automatized informational system of the official information uniting the database of the official information of the state bodies and local self-government bodies. 2. System of the official information must include the database with full list and texts of the laws currently in force within territory of the Kyrgyz Republic. State bodies and local self-government bodies shall organize the access to the electronic versions of the documents and materials. 3. System of the official information must be accessible for users of the global digital networks. There shall be provided free of charge familiarization and free of charge electronic copying of the documents and materials containing in the centralized automatized informational system of the official information. State bodies are responsible for the trustworthiness of the electronic version of the document or other official information included to the centralized informational system of the official information. 4. State bodies and local self-government bodies have a right to involve, on the contractual basis, the specialized organizations for execution of the requests on provision with information on the basis of using databases of specialized organizations. The responsible for the accuracy, the irrefragable character of the information providing by specialized organization and execution of other requirements of this Law shall hold the appropriate state body and local self-government body. If specialized organization does not have the required documents and materials which should be provisioned in accordance with this Law, information on the request shall be provided by official of the state body and local self-government body, who responsible for that." 8/8 2(2): "In accordance with provisions of this Law all state bodies and local self-government bodies obligated to provision with information. State bodies are (recognize) organizations, established on permanent (continuing) basis in accordance with Constitution of the Kyrgyz Republic, constitutional and other laws, decrees of the President of the Kyrgyz Republic, authorized to realize the functions of legislative, executive or judicial powers, as well as to take the decisions obligatory for execution and provide their realization, financing from state budget, and also any territorial subdivision or structural unit realizing the functions or part of functions of the central state body. Local self-government bodies are (recognize) representative, executive-administrative and other bodies, forming by population itself for solving issues of local meaning, and also any territorial subdivision or structural unit realizing the functions and part of the functions of local self-government body. By terms “state body” and “local self-government body” comprehends also any institution, including its territorial subdivision or structural unit, financing fully or partly from republican or local budget and realizes functions not related with realization of state power or functions of self-government, including institutions of health, education, informational, statistics, advisory, on credit issues." Constitution section 3: "The President shall be the head of State. <...>" Constitution section 8: "Local self governance shall be the right guaranteed by the present Constitution and a real possibility for local communities to independently resolve the matters of local significance in their own interests and under their responsibility. <...>" 4/4 2(2): "In accordance with provisions of this Law all state bodies and local self-government bodies obligated to provision with information. State bodies are (recognize) organizations, established on permanent (continuing) basis in accordance with Constitution of the Kyrgyz Republic, constitutional and other laws, decrees of the President of the Kyrgyz Republic, authorized to realize the functions of legislative, executive or judicial powers, as well as to take the decisions obligatory for execution and provide their realization, financing from state budget, and also any territorial subdivision or structural unit realizing the functions or part of functions of the central state body. Local self-government bodies are (recognize) representative, executive-administrative and other bodies, forming by population itself for solving issues of local meaning, and also any territorial subdivision or structural unit realizing the functions and part of the functions of local self-government body. By terms “state body” and “local self-government body” comprehends also any institution, including its territorial subdivision or structural unit, financing fully or partly from republican or local budget and realizes functions not related with realization of state power or functions of self-government, including institutions of health, education, informational, statistics, advisory, on credit issues." Constitution section 4: "The Jogorku Kenesh - the Parliament of the Kyrgyz Republic - shall be the highest representative body exercising legislative power and oversight functions within the limits of its competence. <...>" 4/4 2(2): "In accordance with provisions of this Law all state bodies and local self-government bodies obligated to provision with information. State bodies are (recognize) organizations, established on permanent (continuing) basis in accordance with Constitution of the Kyrgyz Republic, constitutional and other laws, decrees of the President of the Kyrgyz Republic, authorized to realize the functions of legislative, executive or judicial powers, as well as to take the decisions obligatory for execution and provide their realization, financing from state budget, and also any territorial subdivision or structural unit realizing the functions or part of functions of the central state body. Local self-government bodies are (recognize) representative, executive-administrative and other bodies, forming by population itself for solving issues of local meaning, and also any territorial subdivision or structural unit realizing the functions and part of the functions of local self-government body. By terms “state body” and “local self-government body” comprehends also any institution, including its territorial subdivision or structural unit, financing fully or partly from republican or local budget and realizes functions not related with realization of state power or functions of self-government, including institutions of health, education, informational, statistics, advisory, on credit issues." Constitution section 6: "Justice in the Kyrgyz Republic shall be administered only by a court. <...>" 2/2 2/2 2(2): "In accordance with provisions of this Law all state bodies and local self-government bodies obligated to provision with information. State bodies are (recognize) organizations, established on permanent (continuing) basis in accordance with Constitution of the Kyrgyz Republic, constitutional and other laws, decrees of the President of the Kyrgyz Republic, authorized to realize the functions of legislative, executive or judicial powers, as well as to take the decisions obligatory for execution and provide their realization, financing from state budget, and also any territorial subdivision or structural unit realizing the functions or part of functions of the central state body. Local self-government bodies are (recognize) representative, executive-administrative and other bodies, forming by population itself for solving issues of local meaning, and also any territorial subdivision or structural unit realizing the functions and part of the functions of local self-government body. By terms “state body” and “local self-government body” comprehends also any institution, including its territorial subdivision or structural unit, financing fully or partly from republican or local budget and realizes functions not related with realization of state power or functions of self-government, including institutions of health, education, informational, statistics, advisory, on credit issues." 2/2 2(2): "In accordance with provisions of this Law all state bodies and local self-government bodies obligated to provision with information. State bodies are (recognize) organizations, established on permanent (continuing) basis in accordance with Constitution of the Kyrgyz Republic, constitutional and other laws, decrees of the President of the Kyrgyz Republic, authorized to realize the functions of legislative, executive or judicial powers, as well as to take the decisions obligatory for execution and provide their realization, financing from state budget, and also any territorial subdivision or structural unit realizing the functions or part of functions of the central state body. Local self-government bodies are (recognize) representative, executive-administrative and other bodies, forming by population itself for solving issues of local meaning, and also any territorial subdivision or structural unit realizing the functions and part of the functions of local self-government body. By terms “state body” and “local self-government body” comprehends also any institution, including its territorial subdivision or structural unit, financing fully or partly from republican or local budget and realizes functions not related with realization of state power or functions of self-government, including institutions of health, education, informational, statistics, advisory, on credit issues." 30/30
33 Panama 2/2 Artículo 1. "Para efectos de la aplicación e interpretación de esta Ley, los siguientes términos se definen así:(...) 9. Persona. Cualquier persona, ya sea natural o jurídica, que actúa en nombre propio o en nombre de un tercero.(...)" 4/4 Artículo 1. "Para efectos de la aplicación e interpretación de esta Ley, los siguientes términos se definen así:(...) 4. Información. Todo tipo de datos contenidos en cualquier medio, documento o registro impreso, óptico, electrónico, químico, físico o biológico.(...)" 2/2 Artículo 1. "Para efectos de la aplicación e interpretación de esta Ley, los siguientes términos se definen así:(...) 4. Información. Todo tipo de datos contenidos en cualquier medio, documento o registro impreso, óptico, electrónico, químico, físico o biológico.(...)" 8/8 Artículo 1. "Para efectos de la aplicación e interpretación de esta Ley, los siguientes términos se definen así:(...) 8. Institución. Toda agencia o dependencia del Estado, incluyendo las pertenecientes a los Órganos Ejecutivo, Legislativo y Judicial, el Ministerio Público, las entidades descentralizadas, autónomas y semiautónomas, la Autoridad del Canal de Panamá, los municipios, los gobiernos locales, las juntas comunales, las empresas de capital mixto, las cooperativas, las fundaciones, los patronatos y los organismos no gubernamentales que hayan recibido o reciban fondos, capital o bienes del Estado.(...)" 4/4 Artículo 1. "Para efectos de la aplicación e interpretación de esta Ley, los siguientes términos se definen así:(...) 8. Institución. Toda agencia o dependencia del Estado, incluyendo las pertenecientes a los Órganos Ejecutivo, Legislativo y Judicial, el Ministerio Público, las entidades descentralizadas, autónomas y semiautónomas, la Autoridad del Canal de Panamá, los municipios, los gobiernos locales, las juntas comunales, las empresas de capital mixto, las cooperativas, las fundaciones, los patronatos y los organismos no gubernamentales que hayan recibido o reciban fondos, capital o bienes del Estado.(...)" 4/4 Artículo 1. "Para efectos de la aplicación e interpretación de esta Ley, los siguientes términos se definen así:(...) 8. Institución. Toda agencia o dependencia del Estado, incluyendo las pertenecientes a los Órganos Ejecutivo, Legislativo y Judicial, el Ministerio Público, las entidades descentralizadas, autónomas y semiautónomas, la Autoridad del Canal de Panamá, los municipios, los gobiernos locales, las juntas comunales, las empresas de capital mixto, las cooperativas, las fundaciones, los patronatos y los organismos no gubernamentales que hayan recibido o reciban fondos, capital o bienes del Estado.(...)" 0/2 2/2 Artículo 1. "Para efectos de la aplicación e interpretación de esta Ley, los siguientes términos se definen así:(...) 8. Institución. Toda agencia o dependencia del Estado, incluyendo las pertenecientes a los Órganos Ejecutivo, Legislativo y Judicial, el Ministerio Público, las entidades descentralizadas, autónomas y semiautónomas, la Autoridad del Canal de Panamá, los municipios, los gobiernos locales, las juntas comunales, las empresas de capital mixto, las cooperativas, las fundaciones, los patronatos y los organismos no gubernamentales que hayan recibido o reciban fondos, capital o bienes del Estado.(...)" 2/2 Artículo 1. "Para efectos de la aplicación e interpretación de esta Ley, los siguientes términos se definen así:(...) 8. Institución. Toda agencia o dependencia del Estado, incluyendo las pertenecientes a los Órganos Ejecutivo, Legislativo y Judicial, el Ministerio Público, las entidades descentralizadas, autónomas y semiautónomas, la Autoridad del Canal de Panamá, los municipios, los gobiernos locales, las juntas comunales, las empresas de capital mixto, las cooperativas, las fundaciones, los patronatos y los organismos no gubernamentales que hayan recibido o reciban fondos, capital o bienes del Estado.(...)" 28/30
34 United Kingdom 2/2 Section 1.1 \"Any person making a request for information to a public General right of access to authority is entitled— information held (a) to be informed in writing by the public authority whether it holds by public information of the description specified in the request, and authorities. (b) if that is the case, to have that information communicated to him.\" 4/4 Section 84:\"information\" (subject to sections 51(8) and 75(2)) means information recorded in any form;\" 2/2 Section 11: \" (1) Where, on making his request for information, the applicant following means, namely— (a) the provision to the applicant of a copy of the information in permanent form or in another form acceptable to the applicant, (b) the provision to the applicant of a reasonable opportunity to inspect a record containing the information, and (c) the provision to the applicant of a digest or summary of the information in permanent form or in another form acceptable to the applicant, the public authority shall so far as reasonably practicable give effect to that preference. (2) In determining for the purposes of this section whether it is reasonably practicable to communicate information by particular means, the public authority may have regard to all the circumstances, including the cost of doing so. (3) Where the public authority determines that it is not reasonably practicable to comply with any preference expressed by the applicant in making his request, the authority shall notify the applicant of the reasons for its determination. (4) Subject to subsection (1), a public authority may comply with a request by communicating information by any means which are reasonable in the circumstances.\" 7/8 Schedule 1 /Section 32: \"(1) Information held by a public authority is exempt information Court records, etc. if it is held only by virtue of being contained in— (a) any document filed with, or otherwise placed in the custody of, a court for the purposes of proceedings in a particular cause or matter, (b) any document served upon, or by, a public authority for the purposes of proceedings in a particular cause or matter, or (c) any document created by— (i) a court, or (ii) a member of the administrative staff of a court, for the purposes of proceedings in a particular cause or matter. <...> (4) In this section— (a) “court” includes any tribunal or body exercising the judicial power of the State, (b) “proceedings in a particular cause or matter” includes any inquest or post-mortem examination, (c) “inquiry” means any inquiry or hearing held under any provision contained in, or made under, an enactment, and (d) except in relation to Scotland, “arbitration” means any arbitration to which Part I of the Arbitration Act 1996 applies.\" 4/4 Section 36. 1/4 Section 32. 2/2 Section 6. 2/2 Schedule 1 of the Act. 1/2 Section 5: \"(1) The Secretary of State may by order designate as a public authority for the purposes of this Act any person who is neither listed in authorities. Schedule 1 nor capable of being added to that Schedule by an order under section 4(1), but who— (a) appears to the Secretary of State to exercise functions of a public nature, or (b) is providing under a contract made with a public authority any service whose provision is a function of that authority. (2) An order under this section may designate a specified person or office or persons or offices falling within a specified description. (3) Before making an order under this section, the Secretary of State shall consult every person to whom the order relates, or persons appearing to him to represent such persons. (4) This section has effect subject to section 80.\" 25/30
35 Russia 2/2 Article 1. (Basic Definitions Used in the Present Federal Law). Section 3: "information user – the citizen (natural person), organization (legal entity), or public association, carrying out a search for information on the activities of government bodies and bodies of local self-government. Information users are also government bodies and bodies of local self-government, which are carrying out a search of the above-specified information in accordance with the present Federal Law;" 4/4 Article 1. (Basic Definitions Used in the Present Federal Law). Section 1: "information on the activities of government bodies and bodies of local self-government – information (including documented), created by government bodies, their territorial bodies, bodies of local self-government or organizations subordinate to government bodies, bodies of local self-government (hereinafter referred to as the subordinate organizations), acting within their competence, or received by the above-specified bodies and organizations. Information on the activities of government bodies and bodies of local self-government also includes laws and other normative legal acts concerning information on the activities of bodies of local self-government – municipal legal acts defining structure, competence, formation and operating procedures of the above-specified bodies and organizations, and other information concerning their activity;" Article 2. (Scope of the Present Federal Law). Section 1: "The scope of the present Federal Law extends to relations arising in connection with providing access for information users to information on the activities of government bodies and bodies of local self-government." 2/2 Article 7. (Form for Granting Information on the Activities of Government Bodies and Bodies of Local Self-Government). Section 1: "Information on the activities of government bodies and bodies of local self-government can be granted in oral form and in the form of documented information, including in the form of the electronic document." 8/8 Article 2. (Scope of the Present Federal Law): Section 1: "The scope of the present Federal Law extends to relations arising in connection with providing access for information users to information on the activities of government bodies and bodies of local self-government." Section 4. "The scope of the present Federal Law extends to relations arising in connection with the granting, by government bodies and bodies of local self-government, of information on their activities, upon the request of an editorial board of a mass media entity, in areas which remain unregulated by the legislation of the Russian Federation on mass media." 4/4 Article 1. (Basic Definitions Used in the Present Federal Law). Section 1: "information on the activities of government bodies and bodies of local self-government – information (including documented), created by government bodies, their territorial bodies, bodies of local self-government or organizations subordinate to government bodies, bodies of local self-government (hereinafter referred to as the subordinate organizations), acting within their competence, or received by the above-specified bodies and organizations. Information on the activities of government bodies and bodies of local self-government also includes laws and other normative legal acts concerning information on the activities of bodies of local self-government – municipal legal acts defining structure, competence, formation and operating procedures of the above-specified bodies and organizations, and other information concerning their activity;" 4/4 Article 1. (Basic Definitions Used in the Present Federal Law). Section 1: "information on the activities of government bodies and bodies of local self-government – information (including documented), created by government bodies, their territorial bodies, bodies of local self-government or organizations subordinate to government bodies, bodies of local self-government (hereinafter referred to as the subordinate organizations), acting within their competence, or received by the above-specified bodies and organizations. Information on the activities of government bodies and bodies of local self-government also includes laws and other normative legal acts concerning information on the activities of bodies of local self-government – municipal legal acts defining structure, competence, formation and operating procedures of the above-specified bodies and organizations, and other information concerning their activity;" Article 20, Section 2: "The grounds excluding possibility of granting of information on the activities of courts in the Russian Federation are defined by the Federal Law “On providing of access to information on the activity of courts in the Russian Federation”. 2/2 Article 1. Basic definitions used in the present Federal Law "For the present Federal Law the following basic definitions have been used: 1) information on the activities of government bodies and bodies of local self-government - information (including documented), created by government bodies, their territorial bodies, bodies of local self-government or organizations subordinate to government bodies, bodies of local self-government (hereinafter referred to as the subordinate organizations), acting within their competence, or received by the above-specified bodies and organizations.<...>" 2/2 Article 1. (Basic Definitions Used in the Present Federal Law). Section 1: "information on the activities of government bodies and bodies of local self-government – information (including documented), created by government bodies, their territorial bodies, bodies of local self-government or organizations subordinate to government bodies, bodies of local self-government (hereinafter referred to as the subordinate organizations), acting within their competence, or received by the above-specified bodies and organizations. Information on the activities of government bodies and bodies of local self-government also includes laws and other normative legal acts concerning information on the activities of bodies of local self-government – municipal legal acts defining structure, competence, formation and operating procedures of the above-specified bodies and organizations, and other information concerning their activity;" 2/2 Article 1. Basic definitions used in the present Federal Law "For the present Federal Law the following basic definitions have been used: 1) information on the activities of government bodies and bodies of local self-government - information (including documented), created by government bodies, their territorial bodies, bodies of local self-government or organizations subordinate to government bodies, bodies of local self-government (hereinafter referred to as the subordinate organizations), acting within their competence, or received by the above-specified bodies and organizations.<...>" 30/30
36 Georgia 2/2 Article 37. (Claim of public information): "Everyone may claim public information irrespective of its physical form or the condition of storage. Everyone may choose the form of receipt of public information, if there are various forms of its receipt, and gain access to the original of information. If there is the danger of damaging the original, a public agency shall provide access to the original under supervision." 4/4 Article 37. (Claim of public information): "Everyone may claim public information irrespective of its physical form or the condition of storage. Everyone may choose the form of receipt of public information, if there are various forms of its receipt, and gain access to the original of information. If there is the danger of damaging the original, a public agency shall provide access to the original under supervision." 2/2 Article 37. (Claim of public information): "Everyone may claim public information irrespective of its physical form or the condition of storage. [...]." Article 38. (Accessibility of the copy of public information): "A public agency shall provide access to the copy of public information. [...]." 8/8 Article 27. (The definition of terms): "The terms used in this Chapter have the following meanings within this Chapter: (a) “Public agency” means a state or self-government agency or institution, or the person who exercises statutory authority on behalf of a public agency pursuant to law or contract, or artificial person of Public Law or Private Law that receives funding from the State Budget. (b) “Corporate public agency” means a public agency that incorporates a governing or advisory board consisting of more than one public servant, and in which decisions are jointly made or prepared by more than one public servant." Article 38. (Accessibility of the copy of public information): "A public agency shall provide access to the copy of public information. No fees shall be charged for distributing public information, except for copying costs." 4/4 Article 27. (The definition of terms): The terms used in this Chapter have the following meanings within this Chapter: (a) “Public agency” means a state or self-government agency or institution, or the person who exercises statutory authority on behalf of a public agency pursuant to law or contract, or artificial person of Public Law or Private Law that receives funding from the State Budget. (b) “Corporate public agency” means a public agency that incorporates a governing or advisory board consisting of more than one public servant, and in which decisions are jointly made or prepared by more than one public servant." Article 38. (Accessibility of the copy of public information): "A public agency shall provide access to the copy of public information. No fees shall be charged for distributing public information, except for copying costs." 4/4 Article 28 (Accessibility of public information): "Public information shall be open except as provided in applicable legislation, or when openness expressly and inevitably undermines: [...] (b) the investigation of a criminal offense, if there is a reasonable presumption that the disclosure of such information will undermine the identification of confidential sources of law-enforcement or intelligence agencies, interfere with the prevention, detection and elimination of an offense and prosecution of an offender, or endanger life and physical safety of any person or violate a suspect’s or defendant’s right to the secrecy of investigation, except when the decree regarding their search was issued." 2/2 Article 27. (The definition of terms): "The terms used in this Chapter have the following meanings within this Chapter: (a) “Public agency” means a state or self-government agency or institution, or the person who exercises statutory authority on behalf of a public agency pursuant to law or contract, or artificial person of Public Law or Private Law that receives funding from the State Budget." Article 36. (Ensuring the accessibility of public information): "A public agency shall designate a public servant who will be responsible for ensuring the accessibility of public information." 2/2 Article 27. (The definition of terms): "The terms used in this Chapter have the following meanings within this Chapter: (a) “Public agency” means a state or self-government agency or institution, or the person who exercises statutory authority on behalf of a public agency pursuant to law or contract, or artificial person of Public Law or Private Law that receives funding from the State Budget." 2/2 Article 27. (The definition of terms): "The terms used in this Chapter have the following meanings within this Chapter: (a) “Public agency” means a state or self-government agency or institution, or the person who exercises statutory authority on behalf of a public agency pursuant to law or contract, or artificial person of Public Law or Private Law that receives funding from the State Budget." 30/30
37 Uganda 0/2 Art 5(1) 4/4 Article 4 definitions are extremely inclusive 2/2 Article 4 and 5(1) provides access to information and records, broadly defined. 8/8 Article 2 4/4 Article 2 4/4 Article 2 2/2 Article 2 2/2 Article 2 0/2 26/30
38 Armenia 2/2 Article 6.2. "Foreign citizens can enjoy the rights and freedoms foreseen by the following law as defined by the Republic of Armenia Law and/or in cases defined by international treaties." / Article 9, Section 1 "A written inquiry must be signed to include applicant´s name, last name, citizenship, place of residence, work or study (in case of legal persons: name, physical address)". 4/4 Article 3. Main Concepts Used in the Following Law Main concepts used in the following law include: Freedom of Information - exercise of the right to seek and get information from its holder, as defined by legislation. Information - records/data of facts, people, subjects, events, phenomena, processes that are received and formed as defined by legislation, despite of the way those are possessed or their material carrier (electronic or hard copy documents, records, videos, films, photos, drawings, schemes, notes, maps, etc.) Information holder - state bodies, local self-government bodies, state offices, state budget sponsored organizations as well as organizations of public importance and their officials. Organization of public importance - private organizations that have monopoly or a leading role in the goods market, as well as those providing services to public in the sphere of health, sport, education, culture, social security, transport, communication and communal services. Inquiry - a written or oral application to the information holder with a view of seeking or getting information as defined by the following law. Publication - making the information available for population via printed media and other means of mass media, via World Wide Web, as well as by other ways as defined by legislation." 2/2 Article 3. "<...> Information - records/data of facts, people, subjects, events, phenomena, processes that are received and formed as defined by legislation, despite of the way those are possessed or their material carrier (electronic or hard copy documents, records, videos, films, photos, drawings, schemes, notes, maps, etc.). <...>" Article 9 "Procedures of Information Inquiry Application and Discussion 1. A written inquiry must be signed to include applicant’s name, last name, citizenship, place of residence, work or study (in case of legal persons: name, physical address). 2. A written inquiry is registered and processed as defined by the relevant legislation of processing civilian’s applications and appeals, separately from other types of administration. 3. A written inquiry remains unanswered if; a) it does not contain all the information mentioned in the 1st clause of the following Article; b) it is discovered that the information about the identity of the author are false; c) it is the second request on the part of the same person within the last 6 months for the same information, with the exception of the case foreseen by the 4th clause of the Article 10 of the following law. 4. The applicant does not have to justify the inquiry? 5. In case of oral inquiry, the applicant must in advance tell his name and last name. Oral inquiry is given an answer when: a) The disposal of the inquired information can prevent to state and public security, public order, public health and morals, other’s rights and freedoms, environment and person’s property. b) It is important to make sure that the given information holder has the relevant information. c) It is important to clarify the procedure according which the information holder processes the written inquiries. 6. The answer to the oral inquiry is given immediately after listening to the inquiry or within the shortest possible time frame. If the person making the oral inquiry is not telling his name, last name and/or the oral inquiry does not correspond to the conditions defined in the sub clauses a, b and c of the 5th clause of the following Article, then the information holder can decline the oral inquiry. 7. The answer to written inquiry is given in the following deadlines: a) If the information required by the written inquiry is not publicized, than the copy of that information is given tot the applicant within 5 days after the application is filed. b) If the information required by the written inquiry is publicized, than information on the means, place and time framework of that publication is given within 5 days after the application is filed. c) If additional work is needed to provide the information required, than the information is given to the applicant within 30 days after the application is filed, about which a written notice is being provided within 5 days after the application submission, highlighting the reasons for delay and the final deadline when the information will be provided. 8. The answer to written inquiry is given on the material carrier mentioned in that application. If the material carrier is not mentioned and it is impossible to clarify that within the time limits foreseen by the following law, than the answer to the written inquiry is given by the material carrier that is the most suitable for the information holder. 9. In the cases foreseen by the 7 a sub clause of the following Article, the person submitting inquiry can by his wish, as defined by legislation, get acquainted with the information within the premises of the information holder, getting back his written inquiry. 10. If the information holder does not possess the information sought or if the disclosure of that information is beyond its powers, than within 5 days after the written inquiry is filed, it must inform the applicant about that in a written form, and if it possible, also point out the information on the place and body, including archive, that holds that information. 11. If the information holder does not possess all the data on the inquired information, than it gives the applicant the part of the data, that it possesses and in case of possibility also points out in the written answer the information on the place and body, including archive that holds that information." 8/8 Article 1, Section 2. "This law applies to the activity of the state and local self-government bodies, state offices, organizations financed from the state budget, as well as private organizations of public importance and their state officials." Article 9, Section 10 "If the information holder does not possess the information sought or if the disclosure of that information is beyond its powers, `[...] it must [...] point out the information on the place and body, including archive, that holds that information." 4/4 Article 1, Section 2. "This law applies to the activity of the state and local self-government bodies, state offices, organizations financed from the state budget, as well as private organizations of public importance and their state officials." 0/4 2/2 Article 1, Section 2. "This law applies to the activity of the state and local self-government bodies, state offices, organizations financed from the state budget, as well as private organizations of public importance and their state officials." 0/2 2/2 Article 1, Section 2. "This law applies to the activity of the state and local self-government bodies, state offices, organizations financed from the state budget, as well as private organizations of public importance and their state officials." Article 3: "Organization of public importance - private organizations that have monopoly or a leading role in the goods market, as well as those providing services to public in the sphere of health, sport, education, culture, social security, transport, communication and communal services." 24/30
39 Estonia 2/2 § 4. Principles of granting access to public information \"(2) Access to information shall be ensured for every person in the quickest and easiest manner possible.\" 4/4 § 3. Public information \"(1) Public information (hereinafter information) is information which is recorded and documented in any manner and on any medium and which is obtained or created upon performance of public duties provided by law or legislation issued on the basis thereof.\" 2/2 § 1. Purpose of Act \"The purpose of this Act is to ensure that the public and every person has the opportunity to access information intended for public use, based on the principles of a democratic and social rule of law and an open society, and to create opportunities for the public to monitor the performance of public duties.\" § 3. Public information \"(1) Public information (hereinafter information) is information which is recorded and documented in any manner and on any medium and which is obtained or created upon performance of public duties provided by law or legislation issued on the basis thereof.\" 8/8 § 5. Holders of information \"(1) The following are holders of information: 1) state and local government agencies; 2) legal persons in public law; 3) legal persons in private law and natural persons under the conditions provided for in subsection (2) of this section. (2) The obligations of holders of information extend to legal persons in private law and natural persons if the persons perform public duties pursuant to law, administrative legislation or contracts, including the provision of educational, health care, social or other public services, – with regard to information concerning the performance of their duties.\" 0/4 0/4 2/2 § 5. Holders of information: \"<...> 3) The following are deemed to be equal to holders of information: 1) undertakings which have a dominant position in the market or special or exclusive rights or which are natural monopolies – with regard to information concerning the conditions and prices of the supply of goods and services and changes thereto; 2) sole proprietors, non-profit associations, foundations and companies – with regard to information concerning the use of funds allocated from the state or a local government budget for the performance of public duties or as support.\" 0/2 2/2 § 5. Holders of information: \"<...> 3) The following are deemed to be equal to holders of information: 1) undertakings which have a dominant position in the market or special or exclusive rights or which are natural monopolies – with regard to information concerning the conditions and prices of the supply of goods and services and changes thereto; 2) sole proprietors, non-profit associations, foundations and companies – with regard to information concerning the use of funds allocated from the state or a local government budget for the performance of public duties or as support.\" 20/30
40 Ireland 2/2 Section 11 (1) \\\\\\\"Subject to this Act, every person has a right to and shall, on request therefor, be offered access to any record held by an FOI body and the right so conferred is referred to in this Act as the right of access.\\\\\\\" 3/4 Section 17 (4) \\\\\\\" Where an FOI request relates to data contained in more than one record held on an electronic device by the FOI body concerned— (a) subject to paragraph (b), the FOI body shall take reasonable steps to search for and extract the records to which the request relates, being steps that involve the use of any facility for electronic search or extraction that existed on the date of the request and was used by the FOI body in the ordinary course\\\\\\\" 1/2 Section 2 outlines the types of records which can be obtained. However general information requests are rejected. 7/8 Section 6 (1) outlines a broad definition of a public authority 2/4 Section 42. Private papers of politicians are excluded. 1/4 Section 42 excludes records held by courts. 1/2 2/2 Section 6 (1) covers these 2/2 Section 6 (1) 21/30
41 New Zealand 1/2 12 Requests (1) Any person, being— (a) a New Zealand citizen; or (b) a permanent resident of New Zealand; or (c) a person who is in New Zealand; or (d) a body corporate which is incorporated in New Zealand; or (e) a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand,— may request a department or Minister of the Crown or organisation to make available to him or it any specified official information. (1A) Notwithstanding subsection (1), a request made, on or after the date of commencement of this subsection, by or on behalf of a natural person for access to any personal information which is about that person shall be deemed to be a request made pursuant to subclause (1)(b) of principle 6 of the Privacy Act 1993, and shall be dealt with accordingly, and nothing in this Part or in Part 5 shall apply in relation to any such request. (2) The official information requested shall be specified with due particularity in the request. (3) If the person making the request asks that his request be treated as urgent, he shall give his reasons for seeking the information urgently. Section 12(1): replaced, on 1 April 1987, by section 6 of the Official Information Amendment Act 1987 (1987 No 8). Section 12(1A): inserted, on 1 July 1993, by section 3 of the Official Information Amendment Act 1993 (1993 No 36). 3/4 2. "Interpretation (1) In this Act, unless the context otherwise requires,— department means a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975 (other than the Parliamentary Counsel Office) document means a document in any form; and includes—(...) (b) any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored:(...)" 2/2 2. "Interpretation (1) In this Act, unless the context otherwise requires,— department means a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975 (other than the Parliamentary Counsel Office) document means a document in any form; and includes—(...) (b) any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored:(...)" 12. "Requests (1) Any person, being— (a) a New Zealand citizen; or (b) a permanent resident of New Zealand; or (c) a person who is in New Zealand; or (d) a body corporate which is incorporated in New Zealand; or (e) a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand,— may request a department or Minister of the Crown or organisation to make available to him or it any specified official information.(...)" 16 Documents (1) Where the information requested by any person is comprised in a document, that information may be made available in 1 or more of the following ways: (a) by giving the person a reasonable opportunity to inspect the document; or (b) by providing the person with a copy of the document; or (c) in the case of a document that is an article or thing from which sounds or visual images are capable of being reproduced, by making arrangements for the person to hear or view those sounds or visual images; or (d) in the case of a document by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codified form, by providing the person with a written transcript of the words recorded or contained in the document; or (e) by giving an excerpt or summary of the contents; or (f) by furnishing oral information about its contents. (2) Subject to section 17, the department or Minister of the Crown or organisation shall make the information available in the way preferred by the person requesting it unless to do so would— (a) impair efficient administration; or (b) be contrary to any legal duty of the department or Minister of the Crown or organisation in respect of the document; or (c) prejudice the interests protected by section 6 or section 7 or section 9 and (in the case of the interests protected by section 9) there is no countervailing public interest. (3) Where the information is not provided in the way preferred by the person requesting it, the department or Minister of the Crown or organisation shall, subject to section 10, give to that person— (a) the reason for not providing the information in that way; and (b) if that person so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 6 or section 7 or section 9 and (in the case of the interests protected by section 9) there is no countervailing public interest. Section 16(2)(c): amended, on 1 April 1987, by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8). Section 16(3)(b): amended, on 1 April 1987, by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8). 17 Deletion of information from documents (1) Where the information requested is comprised in a document and there is good reason for withholding some of the information contained in that document, the other information in that document may be made available by making a copy of that document available with such deletions or alterations as are necessary. (2) Where a copy of a document is made available under subsection (1), the department or Minister of the Crown or organisation shall, subject to section 10, give to the applicant— (a) the reason for withholding the information; and (b) if the applicant so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 6 or section 7 or section 9 and (in the case of the interests protected by section 9) there is no countervailing public interest. Section 17(2)(b): amended, on 1 April 1987, by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8). 5/8 0/4 1/4 2/2 1/2 1/2 2. "Interpretation (...) (5)Any information held by an independent contractor engaged by any department or Minister of the Crown or organisation in his capacity as such contractor shall, for the purposes of this Act, be deemed to be held by the department or Minister of the Crown or organisation.(...)" 16/30
42 Guatemala 2/2 ARTICLE 3 Principios. Esta ley se basa en los principios de: 1) Máxima publicidad; 2) Transparencia en el manejo y ejecución de los recursos públicos y actos de la administración pública; 3) Gratuidad en el acceso a la información pública; 4) Sencillez y celeridad de procedimiento. 4/4 Artículo 13. Información pública de oficio del Organismo Legislativo. El Congreso de la República de Guatemala, además de la información pública de oficio contenida en la presente ley, debe hacer pública como mínima la siguiente: 1. El ejercicio de su presupuesto asignado por bloque legislativo y comisión; 2. El listado de asesores y asistentes de J unta Directiva, bloques legislativos, bancadas, comisiones y diputados con sus respectivas remuneraciones; 3. El proyecto del orden del día de las sesiones ordinarias y extraordinarias en el pleno y comisiones, con veinticuatro horas de anticipación; 4. Las iniciativas de ley; 5. Los dictámenes emitidos por cada una de las comisiones sobre las iniciativas de ley; 6. Los decretos; 7. Los acuerdos; 8. Los puntos resolutivos; 9. Las resoluciones; 10. Actas de las sesiones de las comisiones de trabajo; y 11. Diario de las Sesiones Plenarias. 1/2 Artículo 43. Prórroga del tiempo de respuesta. Cuando el volumen y extensión de la respuesta así lo justifique, el plazo de respuesta a que se refiere la presente ley se podrá ampliar hasta por diez días más, debiendo poner en conocimiento del interesado dentro de los dos días anteriores a la conclusión del plazo señalado en esta ley. 8/8 Artículo 6. "Sujetos obligados. Es toda persona individual o jurídica, pública o privada, nacional o internacional de cualquier naturaleza, institución o entidad del Estado, organismo, órgano, entidad, dependencia, institución y cualquier otro que maneje, administre o ejecute recursos públicos, bienes del Estado, o actos de la administración pública en general, que está obligado a proporcionar la información pública que se le solicite, dentro de los que se incluye el siguiente listado, que es enunciativo y no limitativo: 1. Organismo Ejecutivo, todas sus dependencia s, entidades centralizadas, descentralizadas y autónomas;(...) 4. Todas las entidades centralizadas, descentralizadas y autónomas;(...) 17. Gobernaciones Departamentales; 18. Municipalidades;(...) 30. Todas las entidades de cualquier naturaleza que tengan como fuente de ingresos, ya sea total o parcialmente, recursos, subsidios o aportes del Estado;(...) 34. Las personas individuales o jurídicas de cualquier naturaleza que reciban, manejen o administren fondos o recursos públicos por cualquier concepto, incluyendo los denominados fondos privativos o similares; 35. Comités, patronatos, asociaciones autorizadas por la ley para la recaudación y manejo de fondos para fines públicos y de beneficio social, que perciban aportes o donaciones del Estado.(...)" 4/4 Article 6 "(...)2. Organismo Legislativo y todas las dependencias que lo integran;(...)" 4/4 Article 6 "(...)3. Organismo Judicial y todas las dependencias que lo integran;(...)" 5. Corte de Constitucionalidad;(...)" 2/2 Article 6 "(...)30. Todas las entidades de cualquier naturaleza que tengan como fuente de ingresos, ya sea total o parcialmente, recursos, subsidios o aportes del Estado;(...)" 2/2 Article 6 "(...)4. Todas las entidades centralizadas, descentralizadas y autónomas;(...)" 2/2 Article 6 "(...)30. Todas las entidades de cualquier naturaleza que tengan como fuente de ingresos, ya sea total o parcialmente, recursos, subsidios o aportes del Estado; 31. Las empresas privadas a quienes se les haya otorgado mediante permiso, licencia, concesión o cualquier otra forma contractual la explotación de un bien del Estado;(...) 35. Comités, patronatos, asociaciones autorizadas por la ley para la recaudación y manejo de fondos para fines públicos y de beneficio social, que perciban aportes o donaciones del Estado.(...)" 29/30
43 Chile 2/2 ARTICLE 10. Toda persona tiene derecho a solicitar y recibir información de cualquier órgano de la Administración del Estado, en la forma y condiciones que establece esta ley. El acceso a la información comprende el derecho de acceder a las informaciones contenidas en actos, resoluciones, actas, expedientes, contratos y acuerdos, así como a toda información elaborada con presupuesto público, cualquiera sea el formato o soporte en que se contenga, salvo las excepciones legales. 4/4 ARTICLE 10. Toda persona tiene derecho a solicitar y recibir información de cualquier órgano de la Administración del Estado, en la forma y condiciones que establece esta ley. El acceso a la información comprende el derecho de acceder a las informaciones contenidas en actos, resoluciones, actas, expedientes, contratos y acuerdos, así como a toda información elaborada con presupuesto público, cualquiera sea el formato o soporte en que se contenga, salvo las excepciones legales. ARTICLE 11. El derecho de acceso a la información de los órganos de la Administración del Estado reconoce, entre otros, los siguientes principios: a) Principio de la relevancia, conforme al cual se presume relevante toda información que posean los órganos de la Administración del Estado, cualquiera sea su formato, soporte, fecha de creación, origen, clasificación o procesamiento. 0/2 ARTICLE 5. En virtud del principio de transparencia de la función pública, los actos y resoluciones de los órganos de la Administración del Estado, sus fundamentos, los documentos que les sirvan de sustento o complemento directo y esencial, y los procedimientos que se utilicen para su dictación, son públicos, salvo las excepciones que establece esta ley y las previstas en otras leyes de quórum calificado. Asimismo, es pública la información elaborada con presupuesto público y toda otra información que obre en poder de los órganos de la Administración, cualquiera sea su formato, soporte, fecha de creación, origen, clasificación o procesamiento, a menos que esté sujeta a las excepciones señaladas. ARTICLE 6. Los actos y documentos que han sido objeto de publicación en el Diario Oficial y aquellos que digan relación con las funciones, competencias y responsabilidades de los órganos de la Administración del Estado, deberán encontrarse a disposición permanente del público y en los sitios electrónicos del servicio respectivo, el que deberá llevar un registro actualizado en las oficinas de información y atención del público usuario de la Administración del Estado. 8/8 ARTICLE 2. Las disposiciones de esta ley serán aplicables a los ministerios, las intendencias, las gobernaciones, los gobiernos regionales, las municipalidades, las Fuerzas Armadas, de Orden y Seguridad Pública, y los órganos y servicios públicos creados para el cumplimiento de la función administrativa. La Contraloría General de la República y el Banco Central se ajustarán a las disposiciones de esta ley que expresamente ésta señale, y a las de sus respectivas leyes orgánicas que versen sobre los asuntos a que se refiere el artículo 1º precedente. También se aplicarán las disposiciones que esta ley expresamente señale a las empresas públicas creadas por ley y a las empresas del Estado y sociedades en que éste tenga participación accionaria superior al 50% o mayoría en el directorio. Los demás órganos del Estado se ajustarán a las disposiciones de sus respectivas leyes orgánicas que versen sobre los asuntos a que se refiere el artículo 1º precedente. 0/4 ARTICLE 2. Las disposiciones de esta ley serán aplicables a los ministerios, las intendencias, las gobernaciones, los gobiernos regionales, las municipalidades, las Fuerzas Armadas, de Orden y Seguridad Pública, y los órganos y servicios públicos creados para el cumplimiento de la función administrativa. La Contraloría General de la República y el Banco Central se ajustarán a las disposiciones de esta ley que expresamente ésta señale, y a las de sus respectivas leyes orgánicas que versen sobre los asuntos a que se refiere el artículo 1º precedente. También se aplicarán las disposiciones que esta ley expresamente señale a las empresas públicas creadas por ley y a las empresas del Estado y sociedades en que éste tenga participación accionaria superior al 50% o mayoría en el directorio. Los demás órganos del Estado se ajustarán a las disposiciones de sus respectivas leyes orgánicas que versen sobre los asuntos a que se refiere el artículo 1º precedente. ARTICLE 6. Los actos y documentos que han sido objeto de publicación en el Diario Oficial y aquellos que digan relación con las funciones, competencias y responsabilidades de los órganos de la Administración del Estado, deberán encontrarse a disposición permanente del público y en los sitios electrónicos del servicio respectivo, el que deberá llevar un registro actualizado en las oficinas de información y atención del público usuario de la Administración del Estado. 0/4 ARTICLE 2. Las disposiciones de esta ley serán aplicables a los ministerios, las intendencias, las gobernaciones, los gobiernos regionales, las municipalidades, las Fuerzas Armadas, de Orden y Seguridad Pública, y los órganos y servicios públicos creados para el cumplimiento de la función administrativa. La Contraloría General de la República y el Banco Central se ajustarán a las disposiciones de esta ley que expresamente ésta señale, y a las de sus respectivas leyes orgánicas que versen sobre los asuntos a que se refiere el artículo 1º precedente. También se aplicarán las disposiciones que esta ley expresamente señale a las empresas públicas creadas por ley y a las empresas del Estado y sociedades en que éste tenga participación accionaria superior al 50% o mayoría en el directorio. Los demás órganos del Estado se ajustarán a las disposiciones de sus respectivas leyes orgánicas que versen sobre los asuntos a que se refiere el artículo 1º precedente. 1/2 ARTICLE 2. Las disposiciones de esta ley serán aplicables a los ministerios, las intendencias, las gobernaciones, los gobiernos regionales, las municipalidades, las Fuerzas Armadas, de Orden y Seguridad Pública, y los órganos y servicios públicos creados para el cumplimiento de la función administrativa. La Contraloría General de la República y el Banco Central se ajustarán a las disposiciones de esta ley que expresamente ésta señale, y a las de sus respectivas leyes orgánicas que versen sobre los asuntos a que se refiere el artículo 1º precedente. También se aplicarán las disposiciones que esta ley expresamente señale a las empresas públicas creadas por ley y a las empresas del Estado y sociedades en que éste tenga participación accionaria superior al 50% o mayoría en el directorio. Los demás órganos del Estado se ajustarán a las disposiciones de sus respectivas leyes orgánicas que versen sobre los asuntos a que se refiere el artículo 1º precedente. 1/2 ARTICLE 2. Las disposiciones de esta ley serán aplicables a los ministerios, las intendencias, las gobernaciones, los gobiernos regionales, las municipalidades, las Fuerzas Armadas, de Orden y Seguridad Pública, y los órganos y servicios públicos creados para el cumplimiento de la función administrativa. La Contraloría General de la República y el Banco Central se ajustarán a las disposiciones de esta ley que expresamente ésta señale, y a las de sus respectivas leyes orgánicas que versen sobre los asuntos a que se refiere el artículo 1º precedente. También se aplicarán las disposiciones que esta ley expresamente señale a las empresas públicas creadas por ley y a las empresas del Estado y sociedades en que éste tenga participación accionaria superior al 50% o mayoría en el directorio. Los demás órganos del Estado se ajustarán a las disposiciones de sus respectivas leyes orgánicas que versen sobre los asuntos a que se refiere el artículo 1º precedente. 0/2 ARTICLE 2. Las disposiciones de esta ley serán aplicables a los ministerios, las intendencias, las gobernaciones, los gobiernos regionales, las municipalidades, las Fuerzas Armadas, de Orden y Seguridad Pública, y los órganos y servicios públicos creados para el cumplimiento de la función administrativa. La Contraloría General de la República y el Banco Central se ajustarán a las disposiciones de esta ley que expresamente ésta señale, y a las de sus respectivas leyes orgánicas que versen sobre los asuntos a que se refiere el artículo 1º precedente. También se aplicarán las disposiciones que esta ley expresamente señale a las empresas públicas creadas por ley y a las empresas del Estado y sociedades en que éste tenga participación accionaria superior al 50% o mayoría en el directorio. Los demás órganos del Estado se ajustarán a las disposiciones de sus respectivas leyes orgánicas que versen sobre los asuntos a que se refiere el artículo 1º precedente. 16/30
44 Peru 2/2 Artículo 7º.- Legitimación y requerimiento inmotiva do Toda persona tiene derecho a solicitar y recibir in formación de cualquier entidad de la Administración Pública. En ningún caso se exige exp resión de causa para el ejercicio de este derecho 4/4 Artículo 10º.- Información de acceso público Las entidades de la Administración Pública tienen l a obligación de proveer la información requerida si se refiere a la contenida en documentos escritos , fotografías, grabaciones, soporte magnético o digital, o en cualquier otro formato, siempre que h aya sido creada u obtenida por ella o que se encuentre en su posesión o bajo su control. Asimismo, para los efectos de esta Ley, se consider a como información pública cualquier tipo de documentación financiada por el presupuesto público que sirva de base a una decisión de naturaleza administrativa, así como las actas de reuniones ofi ciales 2/2 Article 2 "Every person has the right:(...) 20. T o submit petitions in writing, i ndividually or collectively, before the competent authority, who is obliged to respond to the interested party also in writing within the legally prescribed term, under penalty of law.(...)" 8/8 Article 1. Ambito de aplicacion de la ley La presente Ley sera de aplicaci6n para todas las entidades de la Administracion Publica. Para los fines de la presente Ley, se entendera por "entidad" 0 "entidades de Ia Administracion Publica: 1. El Poder Ejecutivo, incluyendo Ministerios y Orga- nismos Publicos Descentralizados; 2. El Poder Legislativo; 3. El Poder judicial; 4. Los Gobiemos Regionales; 5. Los Gobiemos Locales; 6. Los Organismos a los que la Constitucion Politica del Peru y las leyes confieren autonomia. 7. Las demas entidades y organismos, proyectos y programas del Estado, cuyas actividades se realizan en virtud de potestades administrativas y, por tanto se consideran sujetas a las nonnas comunes de derecho publico, salvo mandato expreso de ley que las refiera a otro regimen; y 8. Las personas juridicas bajo el regimen privado que prestan servicios publicos 0 ejercen funcion administrativa, en virtud de concesion, delegacion o autorizacion del Estado, conforme a la normativa de la materia. Articulo II. Contenido 1. La presente Ley regula las actuaciones de la funcion administrativa del Estado y el procedimiento administrativo comun desarrollados en las entidades. 2. Los procedimientos especiales creados y regulados como tales por ley expresa, atendiendo a la singularidad de la materia, se rigen supletoriamente por la presente Ley en aquellos aspectos no previstos y en los que no son tratados expresamente de modo distinto. 3. Las autoridades administrativas al reglamentar los procedimientos especiales, cumpliran con seguir los principios administrativos, asf como los derechos y deberes de los sujetos del procedimiento, establecidos en la presente Ley. 4/4 Article 1. Ambito de aplicacion de la ley La presente Ley sera de aplicaci6n para todas las entidades de la Administracion Publica. Para los fines de la presente Ley, se entendera por "entidad" 0 "entidades de Ia Administracion Publica: 1. El Poder Ejecutivo, incluyendo Ministerios y Orga- nismos Publicos Descentralizados; 2. El Poder Legislativo; 3. El Poder judicial; 4. Los Gobiemos Regionales; 5. Los Gobiemos Locales; 6. Los Organismos a los que la Constitucion Politica del Peru y las leyes confieren autonomia. 7. Las demas entidades y organismos, proyectos y programas del Estado, cuyas actividades se realizan en virtud de potestades administrativas y, por tanto se consideran sujetas a las nonnas comunes de derecho publico, salvo mandato expreso de ley que las refiera a otro regimen; y 8. Las personas juridicas bajo el regimen privado que prestan servicios publicos 0 ejercen funcion administrativa, en virtud de concesion, delegacion o autorizacion del Estado, conforme a la normativa de la materia. Articulo II. Contenido 1. La presente Ley regula las actuaciones de la funcion administrativa del Estado y el procedimiento administrativo comun desarrollados en las entidades. 2. Los procedimientos especiales creados y regulados como tales por ley expresa, atendiendo a la singularidad de la materia, se rigen supletoriamente por la presente Ley en aquellos aspectos no previstos y en los que no son tratados expresamente de modo distinto. 3. Las autoridades administrativas al reglamentar los procedimientos especiales, cumpliran con seguir los principios administrativos, asf como los derechos y deberes de los sujetos del procedimiento, establecidos en la presente Ley. 4/4 Article 1. Ambito de aplicacion de la ley La presente Ley sera de aplicaci6n para todas las entidades de la Administracion Publica. Para los fines de la presente Ley, se entendera por "entidad" 0 "entidades de Ia Administracion Publica: 1. El Poder Ejecutivo, incluyendo Ministerios y Orga- nismos Publicos Descentralizados; 2. El Poder Legislativo; 3. El Poder judicial; 4. Los Gobiemos Regionales; 5. Los Gobiemos Locales; 6. Los Organismos a los que la Constitucion Politica del Peru y las leyes confieren autonomia. 7. Las demas entidades y organismos, proyectos y programas del Estado, cuyas actividades se realizan en virtud de potestades administrativas y, por tanto se consideran sujetas a las nonnas comunes de derecho publico, salvo mandato expreso de ley que las refiera a otro regimen; y 8. Las personas juridicas bajo el regimen privado que prestan servicios publicos 0 ejercen funcion administrativa, en virtud de concesion, delegacion o autorizacion del Estado, conforme a la normativa de la materia. Articulo II. Contenido 1. La presente Ley regula las actuaciones de la funcion administrativa del Estado y el procedimiento administrativo comun desarrollados en las entidades. 2. Los procedimientos especiales creados y regulados como tales por ley expresa, atendiendo a la singularidad de la materia, se rigen supletoriamente por la presente Ley en aquellos aspectos no previstos y en los que no son tratados expresamente de modo distinto. 3. Las autoridades administrativas al reglamentar los procedimientos especiales, cumpliran con seguir los principios administrativos, asf como los derechos y deberes de los sujetos del procedimiento, establecidos en la presente Ley. 2/2 Artículo 8º.- Entidades obligadas a informar Las entidades obligadas a brindar información son l as señaladas en el Artículo 2° de la presente Ley. Dichas entidades identificarán, bajo responsabilida d de su máximo representante, al funcionario responsable de brindar información solicitada en vi rtud de la presente ley. En caso de que éste no hubiera sido designado las responsabilidades admini strativas y penales recaerán en el secretario general de la institución o quien haga sus veces. 2/2 Article 1. Ambito de aplicacion de la ley La presente Ley sera de aplicaci6n para todas las entidades de la Administracion Publica. Para los fines de la presente Ley, se entendera por "entidad" 0 "entidades de Ia Administracion Publica: 1. El Poder Ejecutivo, incluyendo Ministerios y Orga- nismos Publicos Descentralizados; 2. El Poder Legislativo; 3. El Poder judicial; 4. Los Gobiemos Regionales; 5. Los Gobiemos Locales; 6. Los Organismos a los que la Constitucion Politica del Peru y las leyes confieren autonomia. 7. Las demas entidades y organismos, proyectos y programas del Estado, cuyas actividades se realizan en virtud de potestades administrativas y, por tanto se consideran sujetas a las nonnas comunes de derecho publico, salvo mandato expreso de ley que las refiera a otro regimen; y 8. Las personas juridicas bajo el regimen privado que prestan servicios publicos 0 ejercen funcion administrativa, en virtud de concesion, delegacion o autorizacion del Estado, conforme a la normativa de la materia. 1/2 Artículo 9º.- Personas jurídicas sujetas al régimen privado que prestan servicios públicos Las personas jurídicas sujetas al régimen privado d escritas en el inciso 8 del Artículo I del Título Preliminar de la Ley N° 27444 que gestionen servici os públicos o ejerzan funciones administrativas del sector público bajo cualquier modalidad, sólo e stán obligadas a facilitar la información referida a la prestación de los mismos a sus respectivos org anismos supervisores, a efectos que éstos puedan cumplir con las obligaciones establecidas en esta L ey. Cuando las personas jurídicas de que trata el párra fo anterior no estén en condiciones de satisfacer determinados requerimientos y solicitudes para el a provechamiento, goce o instalación de dichos servicios, deben informar por escrito a los solicit antes que hicieron el requerimiento también por escrito, acerca de los fundamentos de política, téc nicos o económicos, así como de las limitaciones existentes y sus causas. Además están obligadas a s uministrar la información y ofrecer las explicaciones escritas necesarias a los usuarios qu e así lo requieran, en relación a la tarifa del servicio que les sea aplicada. 29/30
45 Sweden 2/2 CONSTITUTION OF SWEDEN. The Freedom of the Press Act. Chapter 2. (On the public nature of official documents). Article 1: "Every Swedish citizen shall be entitled to have free access to official documents, in order to encourage the free exchange of opinion and the availability of comprehensive information." Article 12: "An official document to which the public has access shall be made available on request forthwith, or as soon as possible, at the place where it is held, and free of charge, to any person wishing to examine it, in such form that it can be read, listened to, or otherwise comprehended.[...]." 3/4 Chapter 2, Article 3, Article 9, 10 and 11(for internal documents ). Main definition is: Art. 3. Document is understood to mean any written or pictorial matter or recording which may be read, listened to, or otherwise comprehended only using technical aids. A document is official if it is held by a public authority, and if it can be deemed under Article 6 or 7 to have been received or drawn up by such an authority. 1/2 Art. 12: "An official document to which the public has access shall be made available on request forthwith, or as soon as possible, at the place where it is held, and free of charge, to any person wishing to examine it, in such form that it can be read, listened to, or otherwise comprehended. A document may also be copied, reproduced, or used for sound transmission. If a document cannot be made available without disclosure of such part of it as constitutes classified material, the rest of the document shall be made available to the applicant in the form of a transcript or copy. A public authority is under no obligation to make a document available at the place where it is held, if this presents serious difficulty. Nor is there any such obligation in respect of a recording under Article 3, paragraph one, if the applicant can have access to the recording at a public authority in the vicinity, without serious inconvenience." 8/8 Chapter 2, Article 3: "<...> A document is official if it is held by a public authority, and if it can be deemed under Article 6 or 7 to have been received or drawn up by such an authority.<...>" Also Chapter 2, Article 5. "For the purposes of this Chapter, the Riksdag and any local government assembly with decision-making powers is equated with a public authority." 4/4 Chapter 2, Article 5. "For the purposes of this Chapter, the Riksdag and any local government assembly with decision-making powers is equated with a public authority." 4/4 Sweden Publicity and Privacy Law (OSL), Chapter 2, Article 4: "A single body shall, for the purposes of this Act, be treated as a public authority when it deals with such public documents held by it under the Act". Article 5. 2/2 Sweden Publicity and Privacy Law (OSL), Chapter 2, Article 3. 2/2 Sweden Publicity and Privacy Law (OSL), Chapter 2, Article 4 and 5. 1/2 Sweden Publicity and Privacy Law (OSL), Chapter 2, Article 3. 27/30
46 Bulgaria 2/2 Art. 4. "(1) Any citizen of the Republic of Bulgaria is entitled to access to public information subject to the conditions and the procedure set forth in this act, unless another act provides for a special procedure to seek, receive and impart such information. (2) Foreign citizens and individuals with no citizenship shall enjoy the right under sub-art. 1 in the Republic of Bulgaria. (3) Legal entities shall enjoy the right under sub-art. 1 too." 4/4 Art.2 "(2) The information under sub-article 1 shall be deemed public irrespective of the kind of its physical bearer. (3) (New, SG No. 49/2007) Public sector information shall be any kind of information materialized on paper, electronic or other carrier, including if it was held as audio or video record, and collected or generated by a public sector organization." Art.3 . "(1) (Amended SG No. 104/2008) This act shall apply to access to public information that is created by or kept with the state bodies, their regional offices, and the local self-governance bodies of the Republic of Bulgaria, hereinafter referred to as "the bodies". 2/2 Art. 2. (3) "Public sector information shall be any kind of information materialized on paper, electronic or other carrier, including if it was held as audio or video record, and collected or generated by a public sector organization." 8/8 Art. 3. "(1) (Amended SG No. 104/2008) This act shall apply to access to public information that is created by or kept with the state bodies, their regional offices, and the local self-governance bodies of the Republic of Bulgaria, hereinafter referred to as "the bodies". (2) (Amended SG No. 104/2008) This act shall also apply to the access to public information, which is created by and kept with: 1. bodies, subject to the public law, other than those under sub-art. 1, including public law organizations; 2. individuals and legal entities as far as only their activities financed with funds from the consolidated state budget, subsidies from the European Union funds or allocated through EU projects and programs, are concerned. (4) (New, SG No. 49/2007) A public sector organization is any state body, local self-government body, public law organization, as well as their subordinates." 4/4 Art. 3. "(1) (Amended SG No. 104/2008) This act shall apply to access to public information that is created by or kept with the state bodies, their regional offices, and the local self-governance bodies of the Republic of Bulgaria, hereinafter referred to as "the bodies". (2) (Amended SG No. 104/2008) This act shall also apply to the access to public information, which is created by and kept with: 1. bodies, subject to the public law [...]". 4/4 Art. 3. "(1) (Amended SG No. 104/2008) This act shall apply to access to public information that is created by or kept with the state bodies, their regional offices, and the local self-governance bodies of the Republic of Bulgaria, hereinafter referred to as "the bodies".(4) (New, SG No. 49/2007) A public sector organization is any state body, local self-government body, public law organization, as well as their subordinates." 2/2 Art. 3. "(1) This act shall also apply to the access to public information, which is created by and kept with: 1. bodies, subject to the public law, other than those under sub-art. 1, including public law organizations; 2. individuals and legal entities as far as only their activities financed with funds from the consolidated state budget, subsidies from the European Union funds or allocated through EU projects and programs, are concerned. " 2/2 Art. 3. "(1) (Amended SG No. 104/2008) This act shall apply to access to public information that is created by or kept with the state bodies, their regional offices, and the local self-governance bodies of the Republic of Bulgaria, hereinafter referred to as "the bodies". (2) (Amended SG No. 104/2008) This act shall also apply to the access to public information, which is created by and kept with: 1. bodies, subject to the public law, other than those under sub-art. 1, including public law organizations; 2. individuals and legal entities as far as only their activities financed with funds from the consolidated state budget, subsidies from the European Union funds or allocated through EU projects and programs, are concerned. (4) (New, SG No. 49/2007) A public sector organization is any state body, local self-government body, public law organization, as well as their subordinates." 2/2 Art. 3. "This act shall also apply to the access to public information, which is created by and kept with: 1. bodies, subject to the public law, other than those under sub-art. 1, including public law organizations; 2. individuals and legal entities as far as only their activities financed with funds from the consolidated state budget, subsidies from the European Union funds or allocated through EU projects and programs, are concerned." 30/30
47 Uruguay 2/2 Artículo 3º . (Derecho de acceso a la información pública).- El acceso a la información pública es un derecho de todas las personas, sin di scriminación por razón de nacionalidad o carácter del solicitante, y que se e jerce sin necesidad de justificar las razones por las que se solicita la información. Artículo 13 . (De la solicitud y sus requisitos).- Toda persona física o jurídica interesada en acceder a la información pública en poder de los sujetos obligados por la presente ley, deberá hacerlo mediante solicitud escrita ante el titular del organismo. En dicha solicitud deberá constar: A) La identificación del solicitante, su domicilio y f orma de comunicación. B) La descripción clara de la información requerida y cualquier dato que facilite su localización. C) Y, opcionalmente, el soporte de información preferi do, sin constituir este último una obligación para el organismo. 4/4 Artículo 4º . (Información pública).- Se presume pública toda i nformación producida, obtenida, en poder o bajo control de los sujetos ob ligados por la presente ley, con independencia del soporte en el que estén contenida s. 2/2 Artículo 14 . (Límites del acceso a la información pública).- L a solicitud de acceso a la información no implica la obligación de los sujetos obligados a crear o producir información que no dispongan o no tengan obligación de contar al momento de efectuarse el pedido. En este caso, el organismo co municará por escrito que la denegación de la solicitud se debe a la inexistenci a de datos en su poder, respecto de la información solicitada. Esta ley tampoco faculta a los peticionarios a exigir a los organismos que efectúen evaluaciones o análisis de la información que posean, salvo aquellos que por sus cometidos institucionales deba n producir. No se entenderá producción de información, a la rec opilación o compilación de información que estuviese dispersa en las diversas áreas del organismo, con el fin de proporcionar la información al peticionario. 8/8 4/4 4/4 2/2 2/2 0/2 28/30
48 Argentina 2/2 Art. 4° -Legitimación activa. Toda persona humana o jurídica, pública o privada, tiene derecho a solicitar y recibir información pública, no pudiendo exigirse al solicitante que motive la solicitud, que acredite derecho subjetivo o interés legítimo o que cuente con patrocinio letrado. 4/4 Art. 3° -Definiciones. A los fines de la presente ley se entiende por: a) Información pública: todo tipo de dato contenido en documentos de cualquier formato que los sujetos obligados enumerados en el artículo 7° de la presente ley generen, obtengan, transformen, controlen o custodien; b) Documento: todo registro que haya sido generado, que sea controlado o que sea custodiado por los sujetos obligados enumerados en el artículo 7° de la presente ley, independientemente de su forma, soporte, origen, fecha de creación o carácter oficial. 0/2 Art. 5° -Entrega de información. La información debe ser brindada en el estado en el que se encuentre al momento de efectuarse la solicitud, no estando obligado el sujeto requerido a procesarla o clasificarla. El Estado tiene la obligación de entregarla en formatos digitales abiertos, salvo casos excepcionales en que fuera de imposible cumplimiento o significara un esfuerzo estatal desmedido. Las excepciones las fijará la Agencia de Acceso a la Información Pública. 8/8 Art. 7° -Ámbito de aplicación. Son sujetos obligados a brindar información pública: a) La administración pública nacional, conformada por la administración central y los organismos descentralizados, comprendiendo en estos últimos a las instituciones de seguridad social; b) El Poder Legislativo y los órganos que funcionan en su ámbito; c) El Poder Judicial de la Nación; d) El Ministerio Público Fiscal de la Nación; e) El Ministerio Público de la Defensa; f) El Consejo de la Magistratura; g) Las empresas y sociedades del Estado que abarcan a las empresas del Estado, las sociedades del Estado, las sociedades anónimas con participación estatal mayoritaria, las sociedades de economía mixta y todas aquellas otras organizaciones empresariales donde el Estado nacional tenga participación mayoritaria en el capital o en la formación de las decisiones societarias; h) Las empresas y sociedades en las cuales el Estado nacional tenga una participación minoritaria, pero sólo en lo referido a la participación estatal; i) Concesionarios, permisionarios y licenciatarios de servicios públicos o concesionarios permisionarios de uso del dominio público, en la medida en que cumplan servicios públicos y en todo aquello que corresponda al ejercicio de la función administrativa delegada; y contratistas, prestadores y prestatarios bajo cualquier otra forma o modalidad contractual; j) Organizaciones empresariales, partidos políticos, sindicatos, universidades y cualquier entidad privada a la que se le hayan otorgado fondos públicos, en lo que se refiera, únicamente, a la información producida total o parcialmente o relacionada con los fondos públicos recibidos; k) Instituciones o fondos cuya administración, guarda o conservación esté a cargo del Estado nacional; l) Personas jurídicas públicas no estatales en todo aquello que estuviese regulado por el derecho público, y en lo que se refiera a la información producida o relacionada con los fondos públicos recibidos; m) Fideicomisos que se constituyeren total o parcialmente con recursos o bienes del Estado nacional; n) Los entes cooperadores con los que la administración pública nacional hubiera celebrado o celebre convenios que tengan por objeto la cooperación técnica o financiera con organismos estatales; o) El Banco Central de la República Argentina; p) Los entes interjurisdiccionales en los que el Estado nacional tenga participación o representación. q) Los concesionarios, explotadores, administradores y operadores de juegos de azar, destreza y apuesta, debidamente autorizados por autoridad competente. Elincumplimiento de la presente ley será considerado causal de mal desempeño. 4/4 Art. 7° -Ámbito de aplicación. Son sujetos obligados a brindar información pública: b) El Poder Legislativo y los órganos que funcionan en su ámbito; 4/4 Art. 7° -Ámbito de aplicación. Son sujetos obligados a brindar información pública: c) El Poder Judicial de la Nación; d) El Ministerio Público Fiscal de la Nación; e) El Ministerio Público de la Defensa; f) El Consejo de la Magistratura; 2/2 Art. 7° -Ámbito de aplicación. Son sujetos obligados a brindar información pública: a) La administración pública nacional, conformada por la administración central y los organismos descentralizados, comprendiendo en estos últimos a las instituciones de seguridad social; b) El Poder Legislativo y los órganos que funcionan en su ámbito; c) El Poder Judicial de la Nación; d) El Ministerio Público Fiscal de la Nación; e) El Ministerio Público de la Defensa; f) El Consejo de la Magistratura; g) Las empresas y sociedades del Estado que abarcan a las empresas del Estado, las sociedades del Estado, las sociedades anónimas con participación estatal mayoritaria, las sociedades de economía mixta y todas aquellas otras organizaciones empresariales donde el Estado nacional tenga participación mayoritaria en el capital o en la formación de las decisiones societarias; h) Las empresas y sociedades en las cuales el Estado nacional tenga una participación minoritaria, pero sólo en lo referido a la participación estatal; i) Concesionarios, permisionarios y licenciatarios de servicios públicos o concesionarios permisionarios de uso del dominio público, en la medida en que cumplan servicios públicos y en todo aquello que corresponda al ejercicio de la función administrativa delegada; y contratistas, prestadores y prestatarios bajo cualquier otra forma o modalidad contractual; j) Organizaciones empresariales, partidos políticos, sindicatos, universidades y cualquier entidad privada a la que se le hayan otorgado fondos públicos, en lo que se refiera, únicamente, a la información producida total o parcialmente o relacionada con los fondos públicos recibidos; k) Instituciones o fondos cuya administración, guarda o conservación esté a cargo del Estado nacional; l) Personas jurídicas públicas no estatales en todo aquello que estuviese regulado por el derecho público, y en lo que se refiera a la información producida o relacionada con los fondos públicos recibidos; m) Fideicomisos que se constituyeren total o parcialmente con recursos o bienes del Estado nacional; n) Los entes cooperadores con los que la administración pública nacional hubiera celebrado o celebre convenios que tengan por objeto la cooperación técnica o financiera con organismos estatales; o) El Banco Central de la República Argentina; p) Los entes interjurisdiccionales en los que el Estado nacional tenga participación o representación. q) Los concesionarios, explotadores, administradores y operadores de juegos de azar, destreza y apuesta, debidamente autorizados por autoridad competente. Elincumplimiento de la presente ley será considerado causal de mal desempeño. 2/2 Art. 7° -Ámbito de aplicación. Son sujetos obligados a brindar información pública: a) La administración pública nacional, conformada por la administración central y los organismos descentralizados, comprendiendo en estos últimos a las instituciones de seguridad social; b) El Poder Legislativo y los órganos que funcionan en su ámbito; c) El Poder Judicial de la Nación; d) El Ministerio Público Fiscal de la Nación; e) El Ministerio Público de la Defensa; f) El Consejo de la Magistratura; g) Las empresas y sociedades del Estado que abarcan a las empresas del Estado, las sociedades del Estado, las sociedades anónimas con participación estatal mayoritaria, las sociedades de economía mixta y todas aquellas otras organizaciones empresariales donde el Estado nacional tenga participación mayoritaria en el capital o en la formación de las decisiones societarias; h) Las empresas y sociedades en las cuales el Estado nacional tenga una participación minoritaria, pero sólo en lo referido a la participación estatal; i) Concesionarios, permisionarios y licenciatarios de servicios públicos o concesionarios permisionarios de uso del dominio público, en la medida en que cumplan servicios públicos y en todo aquello que corresponda al ejercicio de la función administrativa delegada; y contratistas, prestadores y prestatarios bajo cualquier otra forma o modalidad contractual; j) Organizaciones empresariales, partidos políticos, sindicatos, universidades y cualquier entidad privada a la que se le hayan otorgado fondos públicos, en lo que se refiera, únicamente, a la información producida total o parcialmente o relacionada con los fondos públicos recibidos; k) Instituciones o fondos cuya administración, guarda o conservación esté a cargo del Estado nacional; l) Personas jurídicas públicas no estatales en todo aquello que estuviese regulado por el derecho público, y en lo que se refiera a la información producida o relacionada con los fondos públicos recibidos; m) Fideicomisos que se constituyeren total o parcialmente con recursos o bienes del Estado nacional; n) Los entes cooperadores con los que la administración pública nacional hubiera celebrado o celebre convenios que tengan por objeto la cooperación técnica o financiera con organismos estatales; o) El Banco Central de la República Argentina; p) Los entes interjurisdiccionales en los que el Estado nacional tenga participación o representación. q) Los concesionarios, explotadores, administradores y operadores de juegos de azar, destreza y apuesta, debidamente autorizados por autoridad competente. Elincumplimiento de la presente ley será considerado causal de mal desempeño. 2/2 Art. 7° -Ámbito de aplicación. Son sujetos obligados a brindar información pública: i) Concesionarios, permisionarios y licenciatarios de servicios públicos o concesionarios permisionarios de uso del dominio público, en la medida en que cumplan servicios públicos y en todo aquello que corresponda al ejercicio de la función administrativa delegada; y contratistas, prestadores y prestatarios bajo cualquier otra forma o modalidad contractual; j) Organizaciones empresariales, partidos políticos, sindicatos, universidades y cualquier entidad privada a la que se le hayan otorgado fondos públicos, en lo que se refiera, únicamente, a la información producida total o parcialmente o relacionada con los fondos públicos recibidos; k) Instituciones o fondos cuya administración, guarda o conservación esté a cargo del Estado nacional; l) Personas jurídicas públicas no estatales en todo aquello que estuviese regulado por el derecho público, y en lo que se refiera a la información producida o relacionada con los fondos públicos recibidos; m) Fideicomisos que se constituyeren total o parcialmente con recursos o bienes del Estado nacional; n) Los entes cooperadores con los que la administración pública nacional hubiera celebrado o celebre convenios que tengan por objeto la cooperación técnica o financiera con organismos estatales; p) Los entes interjurisdiccionales en los que el Estado nacional tenga participación o representación. q) Los concesionarios, explotadores, administradores y operadores de juegos de azar, destreza y apuesta, debidamente autorizados por autoridad competente. Elincumplimiento de la presente ley será considerado causal de mal desempeño. 28/30
49 Canada 1/2 ARTICLE 4. (1)Subject to this Act, but notwithstanding any other Act of Parliament, every person who is (a) a Canadian citizen, or (b)a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has a right to and shall, on request, be given access to any record under the control of a government institution.(...) 4/4 ARTICLE 4(3). For the purposes of this Act, any record requested under this Act that does not exist but can, subject to such limitations as may be prescribed by regulation, be produced from a machine readable record under the control of a government institution using computer hardware and software and technical expertise normally used by the government institution shall be deemed to be a record under the control of the government institution. 2/2 ARTICLE 3(3) For the purposes of this Act, any record requested under this Act that does not exist but can, subject to such limitations as may be prescribed by regulation, be produced from a ma- chine readable record under the control of a government institution using computer hardware and software and technical expertise normally used by the government institution shall be deemed to be a record under the control of the government institution. 5/8 ARTICLE 69. (1)This Act does not apply to confidences of the Queen’s Privy Council for Canada, including, without restricting the generality of the foregoing, (a)memoranda the purpose of which is to present proposals or recommendations to Council; (b)discussion papers the purpose of which is to present background explanations, analy- ses of problems or policy options to Council for consideration by Council in making decisions; (c)agenda of Council or records recording deliberations or decisions of Council; (d)records used for or reflecting communications or discussions between ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy; (e) records the purpose of which is to brief ministers of the Crown in relation to matters that are before, or are proposed to be brought before, Council or that are the subject of communications or discussions referred to in paragraph (d); (f)draft legislation; and (g)records that contain information about the contents of any record within a class of records referred to in paragraphs (a)to (f). (2)For the purposes of subsection (1), “Council” means the Queen’s Privy Council for Canada, committees of the Queen’s Privy Council for Canada, Cabinet and committees of Cabinet. (3) Subsection (1) does not apply to (a)confidences of the Queen’s Privy Council for Canada that have been in existence for more than twenty years; or (b)discussion papers described in paragraph (1)(b) (i)if the decisions to which the discussion papers relate have been made public, or (ii)where the decisions have not been made public, if four years have passed since the decisions were made. 0/4 0/4 1/2 ARTICLE 3. In this Act, “alternative format”, with respect to a record, means a format that allows a person with a sensory disability to read or listen to that record; “Court” means the Federal Court; “designated Minister” means a person who is designated as the Minister under subsection 3.2(1); “foreign state” means any state other than Canada; “government institution” means (a)any department or ministry of state of the Government of Canada, or any body or office, listed in Schedule I, and (b)any parent Crown corporation, and any wholly-owned subsidiary of such a corporation, within the meaning of section 83 of the Financial Administration Act; “head”, in respect of a government institution, means (a)in the case of a department or ministry of state, the member of the Queen’s Privy Council for Canada who presides over the department or ministry, or (b)in any other case, either the person designated under subsection 3. 2(2)to be the head of the institution for the purposes of this Act or, if no such person is designated, the chief executive officer of the institution, whatever their title; “Information Commissioner” means the Commissioner appointed under section 54; “record” means any documentary material, regardless of medium or form; “sensory disability” means a disability that relates to sight or hearing; “third party”, in respect of a request for access to a record under this Act, means any person, group of persons or organization other than the person that made the request or a government institution. 68. This Act does not apply to (a) published material or material available for purchase by the public; (b) library or museum material preserved solely for public reference or exhibition purposes; or (c) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of History, the Canadian Museum of Nature, the National Museum of Science and Technology, the Canadian Museum for Human Rights or the Canadian Museum of Immigration at Pier 21 by or on behalf of persons or organizations other than government institutions. 1/2 0/2 14/30
50 Trinidad and Tobago 1/2 11. (1) Notwithstanding any law to the contrary and sub ject to the provisions of this act, it shall be the right of every person to obtain access to an official docume nt. 4/4 4. In this Act - "applicant" means a person who has made a request i n accordance with section 13; "designated officer", in relation to a pubic author ity, means the person referred to in section 7 (1)( a) (vi); "document" means information recorded in any form, whether printed or on tape or film or by electronic means or otherwise and includes any map, diagram, photogr aph, film, microfilm, video-tape, sound recording, or machine-readable record or any record which is capa ble of being produced from a machine-readable recor d by means of equipment or a programme (or a combinat ion of both) which is used for that purpose by the public authority which holds the record; "exempt document" means a document referred to in P art IV; "exempt information" means information the inclusio n of which in a document causes the document to be an exempt document; "Minister" means the Minister of Government to whom responsibility for information is assigned; "official document" means a document held by a publ ic authority in connection with its functions as su ch, whether or not it was created by that authority, an d whether or not it was created before the commence ment of this Act and, for the purposes of this definitio n, a document is held by a public authority if it i s in its possession, custody or power; "personal information" means information about an i ndividual, including - (a) information relating to the race, national or e thnic origin, colour, religion, age, sex or marital or family status of the individual; (b) information relating to the education or the me dical, psychiatric, psychological, criminal or empl oyment history of the individual or information relating t o financial transactions in which the individual ha s been involved; (c) any identifying number, symbol or other particu lar assigned to the individual; (d) the address, telephone number, fingerprints or blood type of the individual; (e) the personal opinions or views of the individua l except where they relate to another individual; (f) correspondence sent to a public authority by th e individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspond ence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual abo ut the individual; and (h) the individual's name where it appears with oth er personal information relating to the individual or where the disclosure of the name would reveal other perso nal information about the individual; "prescribed" means prescribed by the Minister by re gulations made under section 41; "public authority" means - (a) Parliament, a Joint Select Committee of Parliam ent or a committee of either House of Parliament; (b) subject to section 5(2), the Court of Appeal, t he High Court, the Industrial Court, the Tax Appeal Board or a court of summary jurisdiction; (c) the Cabinet as constituted under the Constituti on; (d) a Ministry or a department or division of a Min istry; (e) the Tobago House of Assembly, the Executive Cou ncil of the Tobago House of Assembly or a division of the Tobago House of Assembly; (f) a municipal corporation established under the M unicipal Corporations Act, 1990; (g) a regional health authority established under t he Regional Health Authorities Act, 1994; (h) a statutory body, responsibility for which is a ssigned to a Minster of Government; (i) a company incorporated under the laws of the Re public of Trinidad and Tobago which is owned or controlled by the State; (j) a Service Commission established under the Cons titution or other written law; or (k) a body corporate or unincorporated entity - (I) in relation to any function which it exercises on behalf of the State; (II) which is established by virtue of the Presiden t's prerogative, by a Minister of Government in his capacity as such or by another public authority; or (III) which is supported, directly or indirectly, b y Government funds and over which Government is in a position to exercise control; "responsible Minister", in relation to a public aut hority means - (a) the Minister of Government to whom responsibili ty for the public authority is assigned; or (b) such Minister of Government as the President ma y, by Order, declare to be the responsible Minister of the public authority for the purposes of this Act; "Tobago House of Assembly" means the Tobago House o f Assembly established under the Constitution. 2/2 13. (4) Subject to section 21, a request under this section may be made for access to all records of a par ticular description or all records relating to a particular subject. 6/8 4. In this Act - "applicant" means a person who has made a request i n accordance with section 13; "designated officer", in relation to a pubic author ity, means the person referred to in section 7 (1)( a) (vi); "document" means information recorded in any form, whether printed or on tape or film or by electronic means or otherwise and includes any map, diagram, photogr aph, film, microfilm, video-tape, sound recording, or machine-readable record or any record which is capa ble of being produced from a machine-readable recor d by means of equipment or a programme (or a combinat ion of both) which is used for that purpose by the public authority which holds the record; "exempt document" means a document referred to in P art IV; "exempt information" means information the inclusio n of which in a document causes the document to be an exempt document; "Minister" means the Minister of Government to whom responsibility for information is assigned; "official document" means a document held by a publ ic authority in connection with its functions as su ch, whether or not it was created by that authority, an d whether or not it was created before the commence ment of this Act and, for the purposes of this definitio n, a document is held by a public authority if it i s in its possession, custody or power; "personal information" means information about an i ndividual, including - (a) information relating to the race, national or e thnic origin, colour, religion, age, sex or marital or family status of the individual; (b) information relating to the education or the me dical, psychiatric, psychological, criminal or empl oyment history of the individual or information relating t o financial transactions in which the individual ha s been involved; (c) any identifying number, symbol or other particu lar assigned to the individual; (d) the address, telephone number, fingerprints or blood type of the individual; (e) the personal opinions or views of the individua l except where they relate to another individual; (f) correspondence sent to a public authority by th e individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspond ence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual abo ut the individual; and (h) the individual's name where it appears with oth er personal information relating to the individual or where the disclosure of the name would reveal other perso nal information about the individual; "prescribed" means prescribed by the Minister by re gulations made under section 41; "public authority" means - (a) Parliament, a Joint Select Committee of Parliam ent or a committee of either House of Parliament; (b) subject to section 5(2), the Court of Appeal, t he High Court, the Industrial Court, the Tax Appeal Board or a court of summary jurisdiction; (c) the Cabinet as constituted under the Constituti on; (d) a Ministry or a department or division of a Min istry; (e) the Tobago House of Assembly, the Executive Cou ncil of the Tobago House of Assembly or a division of the Tobago House of Assembly; (f) a municipal corporation established under the M unicipal Corporations Act, 1990; (g) a regional health authority established under t he Regional Health Authorities Act, 1994; (h) a statutory body, responsibility for which is a ssigned to a Minster of Government; (i) a company incorporated under the laws of the Re public of Trinidad and Tobago which is owned or controlled by the State; (j) a Service Commission established under the Cons titution or other written law; or (k) a body corporate or unincorporated entity - (I) in relation to any function which it exercises on behalf of the State; (II) which is established by virtue of the Presiden t's prerogative, by a Minister of Government in his capacity as such or by another public authority; or (III) which is supported, directly or indirectly, b y Government funds and over which Government is in a position to exercise control; "responsible Minister", in relation to a public aut hority means - (a) the Minister of Government to whom responsibili ty for the public authority is assigned; or (b) such Minister of Government as the President ma y, by Order, declare to be the responsible Minister of the public authority for the purposes of this Act; "Tobago House of Assembly" means the Tobago House o f Assembly established under the Constitution. 4/4 4. In this Act - "applicant" means a person who has made a request i n accordance with section 13; "designated officer", in relation to a pubic author ity, means the person referred to in section 7 (1)( a) (vi); "document" means information recorded in any form, whether printed or on tape or film or by electronic means or otherwise and includes any map, diagram, photogr aph, film, microfilm, video-tape, sound recording, or machine-readable record or any record which is capa ble of being produced from a machine-readable recor d by means of equipment or a programme (or a combinat ion of both) which is used for that purpose by the public authority which holds the record; "exempt document" means a document referred to in P art IV; "exempt information" means information the inclusio n of which in a document causes the document to be an exempt document; "Minister" means the Minister of Government to whom responsibility for information is assigned; "official document" means a document held by a publ ic authority in connection with its functions as su ch, whether or not it was created by that authority, an d whether or not it was created before the commence ment of this Act and, for the purposes of this definitio n, a document is held by a public authority if it i s in its possession, custody or power; "personal information" means information about an i ndividual, including - (a) information relating to the race, national or e thnic origin, colour, religion, age, sex or marital or family status of the individual; (b) information relating to the education or the me dical, psychiatric, psychological, criminal or empl oyment history of the individual or information relating t o financial transactions in which the individual ha s been involved; (c) any identifying number, symbol or other particu lar assigned to the individual; (d) the address, telephone number, fingerprints or blood type of the individual; (e) the personal opinions or views of the individua l except where they relate to another individual; (f) correspondence sent to a public authority by th e individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspond ence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual abo ut the individual; and (h) the individual's name where it appears with oth er personal information relating to the individual or where the disclosure of the name would reveal other perso nal information about the individual; "prescribed" means prescribed by the Minister by re gulations made under section 41; "public authority" means - (a) Parliament, a Joint Select Committee of Parliam ent or a committee of either House of Parliament; (b) subject to section 5(2), the Court of Appeal, t he High Court, the Industrial Court, the Tax Appeal Board or a court of summary jurisdiction; (c) the Cabinet as constituted under the Constituti on; (d) a Ministry or a department or division of a Min istry; (e) the Tobago House of Assembly, the Executive Cou ncil of the Tobago House of Assembly or a division of the Tobago House of Assembly; (f) a municipal corporation established under the M unicipal Corporations Act, 1990; (g) a regional health authority established under t he Regional Health Authorities Act, 1994; (h) a statutory body, responsibility for which is a ssigned to a Minster of Government; (i) a company incorporated under the laws of the Re public of Trinidad and Tobago which is owned or controlled by the State; (j) a Service Commission established under the Cons titution or other written law; or (k) a body corporate or unincorporated entity - (I) in relation to any function which it exercises on behalf of the State; (II) which is established by virtue of the Presiden t's prerogative, by a Minister of Government in his capacity as such or by another public authority; or (III) which is supported, directly or indirectly, b y Government funds and over which Government is in a position to exercise control; "responsible Minister", in relation to a public aut hority means - (a) the Minister of Government to whom responsibili ty for the public authority is assigned; or (b) such Minister of Government as the President ma y, by Order, declare to be the responsible Minister of the public authority for the purposes of this Act; "Tobago House of Assembly" means the Tobago House o f Assembly established under the Constitution. 1/4 4. In this Act - "applicant" means a person who has made a request i n accordance with section 13; "designated officer", in relation to a pubic author ity, means the person referred to in section 7 (1)( a) (vi); "document" means information recorded in any form, whether printed or on tape or film or by electronic means or otherwise and includes any map, diagram, photogr aph, film, microfilm, video-tape, sound recording, or machine-readable record or any record which is capa ble of being produced from a machine-readable recor d by means of equipment or a programme (or a combinat ion of both) which is used for that purpose by the public authority which holds the record; "exempt document" means a document referred to in P art IV; "exempt information" means information the inclusio n of which in a document causes the document to be an exempt document; "Minister" means the Minister of Government to whom responsibility for information is assigned; "official document" means a document held by a publ ic authority in connection with its functions as su ch, whether or not it was created by that authority, an d whether or not it was created before the commence ment of this Act and, for the purposes of this definitio n, a document is held by a public authority if it i s in its possession, custody or power; "personal information" means information about an i ndividual, including - (a) information relating to the race, national or e thnic origin, colour, religion, age, sex or marital or family status of the individual; (b) information relating to the education or the me dical, psychiatric, psychological, criminal or empl oyment history of the individual or information relating t o financial transactions in which the individual ha s been involved; (c) any identifying number, symbol or other particu lar assigned to the individual; (d) the address, telephone number, fingerprints or blood type of the individual; (e) the personal opinions or views of the individua l except where they relate to another individual; (f) correspondence sent to a public authority by th e individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspond ence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual abo ut the individual; and (h) the individual's name where it appears with oth er personal information relating to the individual or where the disclosure of the name would reveal other perso nal information about the individual; "prescribed" means prescribed by the Minister by re gulations made under section 41; "public authority" means - (a) Parliament, a Joint Select Committee of Parliam ent or a committee of either House of Parliament; (b) subject to section 5(2), the Court of Appeal, t he High Court, the Industrial Court, the Tax Appeal Board or a court of summary jurisdiction; (c) the Cabinet as constituted under the Constituti on; (d) a Ministry or a department or division of a Min istry; (e) the Tobago House of Assembly, the Executive Cou ncil of the Tobago House of Assembly or a division of the Tobago House of Assembly; (f) a municipal corporation established under the M unicipal Corporations Act, 1990; (g) a regional health authority established under t he Regional Health Authorities Act, 1994; (h) a statutory body, responsibility for which is a ssigned to a Minster of Government; (i) a company incorporated under the laws of the Re public of Trinidad and Tobago which is owned or controlled by the State; (j) a Service Commission established under the Cons titution or other written law; or (k) a body corporate or unincorporated entity - (I) in relation to any function which it exercises on behalf of the State; (II) which is established by virtue of the Presiden t's prerogative, by a Minister of Government in his capacity as such or by another public authority; or (III) which is supported, directly or indirectly, b y Government funds and over which Government is in a position to exercise control; "responsible Minister", in relation to a public aut hority means - (a) the Minister of Government to whom responsibili ty for the public authority is assigned; or (b) such Minister of Government as the President ma y, by Order, declare to be the responsible Minister of the public authority for the purposes of this Act; "Tobago House of Assembly" means the Tobago House o f Assembly established under the Constitution. 5. (2) For the purposes of this Act - (a) in relation to its or his judicial functions, a court or the holder of a judicial office or other office pertaining to a court in his capacity as the holder of that offic e, shall not be regarded as a public authority; (b) a registry or other office of Court Administrat ion, and the staff of such a registry or other offi ce of Court Administration in their capacity as members of that staff in relation to those matters which relate to Court administration, shall be regarded as part of a publ ic authority 2/2 4. In this Act - "applicant" means a person who has made a request i n accordance with section 13; "designated officer", in relation to a pubic author ity, means the person referred to in section 7 (1)( a) (vi); "document" means information recorded in any form, whether printed or on tape or film or by electronic means or otherwise and includes any map, diagram, photogr aph, film, microfilm, video-tape, sound recording, or machine-readable record or any record which is capa ble of being produced from a machine-readable recor d by means of equipment or a programme (or a combinat ion of both) which is used for that purpose by the public authority which holds the record; "exempt document" means a document referred to in P art IV; "exempt information" means information the inclusio n of which in a document causes the document to be an exempt document; "Minister" means the Minister of Government to whom responsibility for information is assigned; "official document" means a document held by a publ ic authority in connection with its functions as su ch, whether or not it was created by that authority, an d whether or not it was created before the commence ment of this Act and, for the purposes of this definitio n, a document is held by a public authority if it i s in its possession, custody or power; "personal information" means information about an i ndividual, including - (a) information relating to the race, national or e thnic origin, colour, religion, age, sex or marital or family status of the individual; (b) information relating to the education or the me dical, psychiatric, psychological, criminal or empl oyment history of the individual or information relating t o financial transactions in which the individual ha s been involved; (c) any identifying number, symbol or other particu lar assigned to the individual; (d) the address, telephone number, fingerprints or blood type of the individual; (e) the personal opinions or views of the individua l except where they relate to another individual; (f) correspondence sent to a public authority by th e individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspond ence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual abo ut the individual; and (h) the individual's name where it appears with oth er personal information relating to the individual or where the disclosure of the name would reveal other perso nal information about the individual; "prescribed" means prescribed by the Minister by re gulations made under section 41; "public authority" means - (a) Parliament, a Joint Select Committee of Parliam ent or a committee of either House of Parliament; (b) subject to section 5(2), the Court of Appeal, t he High Court, the Industrial Court, the Tax Appeal Board or a court of summary jurisdiction; (c) the Cabinet as constituted under the Constituti on; (d) a Ministry or a department or division of a Min istry; (e) the Tobago House of Assembly, the Executive Cou ncil of the Tobago House of Assembly or a division of the Tobago House of Assembly; (f) a municipal corporation established under the M unicipal Corporations Act, 1990; (g) a regional health authority established under t he Regional Health Authorities Act, 1994; (h) a statutory body, responsibility for which is a ssigned to a Minster of Government; (i) a company incorporated under the laws of the Re public of Trinidad and Tobago which is owned or controlled by the State; (j) a Service Commission established under the Cons titution or other written law; or (k) a body corporate or unincorporated entity - (I) in relation to any function which it exercises on behalf of the State; (II) which is established by virtue of the Presiden t's prerogative, by a Minister of Government in his capacity as such or by another public authority; or (III) which is supported, directly or indirectly, b y Government funds and over which Government is in a position to exercise control; "responsible Minister", in relation to a public aut hority means - (a) the Minister of Government to whom responsibili ty for the public authority is assigned; or (b) such Minister of Government as the President ma y, by Order, declare to be the responsible Minister of the public authority for the purposes of this Act; "Tobago House of Assembly" means the Tobago House o f Assembly established under the Constitution. 2/2 4. In this Act - "applicant" means a person who has made a request i n accordance with section 13; "designated officer", in relation to a pubic author ity, means the person referred to in section 7 (1)( a) (vi); "document" means information recorded in any form, whether printed or on tape or film or by electronic means or otherwise and includes any map, diagram, photogr aph, film, microfilm, video-tape, sound recording, or machine-readable record or any record which is capa ble of being produced from a machine-readable recor d by means of equipment or a programme (or a combinat ion of both) which is used for that purpose by the public authority which holds the record; "exempt document" means a document referred to in P art IV; "exempt information" means information the inclusio n of which in a document causes the document to be an exempt document; "Minister" means the Minister of Government to whom responsibility for information is assigned; "official document" means a document held by a publ ic authority in connection with its functions as su ch, whether or not it was created by that authority, an d whether or not it was created before the commence ment of this Act and, for the purposes of this definitio n, a document is held by a public authority if it i s in its possession, custody or power; "personal information" means information about an i ndividual, including - (a) information relating to the race, national or e thnic origin, colour, religion, age, sex or marital or family status of the individual; (b) information relating to the education or the me dical, psychiatric, psychological, criminal or empl oyment history of the individual or information relating t o financial transactions in which the individual ha s been involved; (c) any identifying number, symbol or other particu lar assigned to the individual; (d) the address, telephone number, fingerprints or blood type of the individual; (e) the personal opinions or views of the individua l except where they relate to another individual; (f) correspondence sent to a public authority by th e individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspond ence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual abo ut the individual; and (h) the individual's name where it appears with oth er personal information relating to the individual or where the disclosure of the name would reveal other perso nal information about the individual; "prescribed" means prescribed by the Minister by re gulations made under section 41; "public authority" means - (a) Parliament, a Joint Select Committee of Parliam ent or a committee of either House of Parliament; (b) subject to section 5(2), the Court of Appeal, t he High Court, the Industrial Court, the Tax Appeal Board or a court of summary jurisdiction; (c) the Cabinet as constituted under the Constituti on; (d) a Ministry or a department or division of a Min istry; (e) the Tobago House of Assembly, the Executive Cou ncil of the Tobago House of Assembly or a division of the Tobago House of Assembly; (f) a municipal corporation established under the M unicipal Corporations Act, 1990; (g) a regional health authority established under t he Regional Health Authorities Act, 1994; (h) a statutory body, responsibility for which is a ssigned to a Minster of Government; (i) a company incorporated under the laws of the Re public of Trinidad and Tobago which is owned or controlled by the State; (j) a Service Commission established under the Cons titution or other written law; or (k) a body corporate or unincorporated entity - (I) in relation to any function which it exercises on behalf of the State; (II) which is established by virtue of the Presiden t's prerogative, by a Minister of Government in his capacity as such or by another public authority; or (III) which is supported, directly or indirectly, b y Government funds and over which Government is in a position to exercise control; "responsible Minister", in relation to a public aut hority means - (a) the Minister of Government to whom responsibili ty for the public authority is assigned; or (b) such Minister of Government as the President ma y, by Order, declare to be the responsible Minister of the public authority for the purposes of this Act; "Tobago House of Assembly" means the Tobago House o f Assembly established under the Constitution. 2/2 4. In this Act - "applicant" means a person who has made a request i n accordance with section 13; "designated officer", in relation to a pubic author ity, means the person referred to in section 7 (1)( a) (vi); "document" means information recorded in any form, whether printed or on tape or film or by electronic means or otherwise and includes any map, diagram, photogr aph, film, microfilm, video-tape, sound recording, or machine-readable record or any record which is capa ble of being produced from a machine-readable recor d by means of equipment or a programme (or a combinat ion of both) which is used for that purpose by the public authority which holds the record; "exempt document" means a document referred to in P art IV; "exempt information" means information the inclusio n of which in a document causes the document to be an exempt document; "Minister" means the Minister of Government to whom responsibility for information is assigned; "official document" means a document held by a publ ic authority in connection with its functions as su ch, whether or not it was created by that authority, an d whether or not it was created before the commence ment of this Act and, for the purposes of this definitio n, a document is held by a public authority if it i s in its possession, custody or power; "personal information" means information about an i ndividual, including - (a) information relating to the race, national or e thnic origin, colour, religion, age, sex or marital or family status of the individual; (b) information relating to the education or the me dical, psychiatric, psychological, criminal or empl oyment history of the individual or information relating t o financial transactions in which the individual ha s been involved; (c) any identifying number, symbol or other particu lar assigned to the individual; (d) the address, telephone number, fingerprints or blood type of the individual; (e) the personal opinions or views of the individua l except where they relate to another individual; (f) correspondence sent to a public authority by th e individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspond ence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual abo ut the individual; and (h) the individual's name where it appears with oth er personal information relating to the individual or where the disclosure of the name would reveal other perso nal information about the individual; "prescribed" means prescribed by the Minister by re gulations made under section 41; "public authority" means - (a) Parliament, a Joint Select Committee of Parliam ent or a committee of either House of Parliament; (b) subject to section 5(2), the Court of Appeal, t he High Court, the Industrial Court, the Tax Appeal Board or a court of summary jurisdiction; (c) the Cabinet as constituted under the Constituti on; (d) a Ministry or a department or division of a Min istry; (e) the Tobago House of Assembly, the Executive Cou ncil of the Tobago House of Assembly or a division of the Tobago House of Assembly; (f) a municipal corporation established under the M unicipal Corporations Act, 1990; (g) a regional health authority established under t he Regional Health Authorities Act, 1994; (h) a statutory body, responsibility for which is a ssigned to a Minster of Government; (i) a company incorporated under the laws of the Re public of Trinidad and Tobago which is owned or controlled by the State; (j) a Service Commission established under the Cons titution or other written law; or (k) a body corporate or unincorporated entity - (I) in relation to any function which it exercises on behalf of the State; (II) which is established by virtue of the Presiden t's prerogative, by a Minister of Government in his capacity as such or by another public authority; or (III) which is supported, directly or indirectly, b y Government funds and over which Government is in a position to exercise control; "responsible Minister", in relation to a public aut hority means - (a) the Minister of Government to whom responsibili ty for the public authority is assigned; or (b) such Minister of Government as the President ma y, by Order, declare to be the responsible Minister of the public authority for the purposes of this Act; "Tobago House of Assembly" means the Tobago House o f Assembly established under the Constitution. 24/30
51 Montenegro 2/2 Article 1 "<...> Any national or foreign legal and natural entity shall be entitled to access the information filed with government agencies.<...>" 4/4 Article 4: "2)information shall be any document in written, printed, video, audio, electronic or other form, including also a copy or a part thereof, regardless of its contents and source (or author) or the time of its composing or the system of its classifying;" 2/2 Article 4 "Particular notions in this Law shall have the following meaning: 1)    the right of access to information shall encompass the right to ask for, receive, use and disseminate the information filed with government agencies; 2)    information shall be any document in written, printed, video, audio, electronic or other form, including also a copy or a part thereof, regardless of its contents and source (or author) or the time of its composing or the system of its classifying;" 8/8 Article4: "3)    government agency shall be any: state authority (legislative, executive or judicial); local self-government authority; local government authority; public institution; public company or other business entity that has been granted to perform public powers, which is founded by the State or a local self-government authority or which is funded from public revenues and with which the information are filed;" 4/4 Article 4: "3)   government agency shall be any: state authority (legislative, executive or judicial); local self-government authority; local government authority; public institution; public company or other business entity that has been granted to perform public powers, which is founded by the State or a local self-government authority or which is funded from public revenues and with which the information are filed;" 4/4 Article 4: "3)   government agency shall be any: state authority (legislative, executive or judicial); local self-government authority; local government authority; public institution; public company or other business entity that has been granted to perform public powers, which is founded by the State or a local self-government authority or which is funded from public revenues and with which the information are filed;" 2/2 Article 4: "3)   government agency shall be any: state authority (legislative, executive or judicial); local self-government authority; local government authority; public institution; public company or other business entity that has been granted to perform public powers, which is founded by the State or a local self-government authority or which is funded from public revenues and with which the information are filed;" 2/2 Article 4: "3)   government agency shall be any: state authority (legislative, executive or judicial); local self-government authority; local government authority; public institution; public company or other business entity that has been granted to perform public powers, which is founded by the State or a local self-government authority or which is funded from public revenues and with which the information are filed;" 2/2 Article 4: "3)   government agency shall be any: state authority (legislative, executive or judicial); local self-government authority; local government authority; public institution; public company or other business entity that has been granted to perform public powers, which is founded by the State or a local self-government authority or which is funded from public revenues and with which the information are filed;" 30/30
52 Jamaica 2/2 6. —(1) Subject to the provisions of this Act, every pers on shall have a right to obtain access to an official document, other than an exempt document. (2) The exemption of an official document or part thereof from disclosure shall not apply after the document has been in existence for twenty years, or such shorter or longer period as the Minister may specify by order, subject to affirmative resolution. (3) An applicant for access to an official document sh all not be required to give any reason for requesting access to that document. (4) Where an offi cial document is— (a) open to access by the public pursuant to any ot her enactment, as part of a public register or otherwise; or (b) available for purchase by the pu blic in accordance with administra tive procedures established for that purpose, access to that document shall be obtained in accordan ce with the provisions of that enactment or those procedures, as the case may be 2/4 3. In this Act, unless the context otherwise requires— "appointed day" means the day appointed pursuant to section 1; "document" includes, in addition to a document in writing— (a) any map, plan, graph or drawing; (b) any photograph; (c) any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied, whether electronically or otherwise, so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; (d) any film (including microfilm), negative, tape or other device in which one or more visual images are embodied whether electronically or otherwise, so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; "exempt document" means a document which by virtue of any provision of Part III is exempt from disclosure; "exempt matter" means any matter the inclusion of which in a document causes that part of the document to be exempt from disclosure; "government company" means a compan y registered under the Companies Ac t, being a company in which the Government or an agency of the Government, whether by the holding of shares or by other financial input, is in a position to influence the policy of the company; "official document" means a document held by a public authority in connection with its functions as such, whether or not it was created— (a) by that authority; or (b) before the commencement of this Act, and for the purposes of this Ac t, a document is held by a public authority if it is in its possession, custody or control; "public authority" means— (a) a Ministry, department, Executive Agency or other agency of Government; (b) a statutory body or authority; (c) a Parish Council; (d) the Council of the Kingston and St. Andrew Corporation; (e) any government company which— (i) is wholly owned by the Government or an agency of the Government, or in which the Government holds more than 50% shares; or (ii) is specified in an order under section 5 (3); (f) any other body or organization specified in an order under "responsible Minister" means the Mini ster responsible for the public au thority which holds an official document. 0/2 5/8 5 .—(1) Subject to subsection (2), this Act applies to— (...)(6) This Act shall not apply to— (a) the Governor-General, in relation to the exer cise of the powers and duties conferred or imposed on him by or under the Constitution of Jamaica or under any other law; (b) the judicial functions of— (i) a court; (ii) the holder of a judicial office or other office connected with a court; (c) the security or intelligence services in relatio n to their strategic or operational intelligence gathering activities; (d) any statutory body or authority as the Minist er may specify by order subject to affirmative resolution(...) (8) In subsection (6) "security or intelligence services" means— (a) the Jamaica Constabulary Force; (b) the Island Special Constabulary Force; (c) the Rural Police; (d) the Jamaica Defence Force. 4/4 3. In this Act, unless the context otherwise requires— "appointed day" means the day appointed pursuant to section 1; "document" includes, in addition to a document in writing— (a) any map, plan, graph or drawing; (b) any photograph; (c) any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied, whether electronically or otherwise, so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; (d) any film (including microfilm), negative, tape or other device in which one or more visual images are embodied whether electronically or otherwise, so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; "exempt document" means a document which by virtue of any provision of Part III is exempt from disclosure; "exempt matter" means any matter the inclusion of which in a document causes that part of the document to be exempt from disclosure; "government company" means a compan y registered under the Companies Ac t, being a company in which the Government or an agency of the Government, whether by the holding of shares or by other financial input, is in a position to influence the policy of the company; "official document" means a document held by a public authority in connection with its functions as such, whether or not it was created— (a) by that authority; or (b) before the commencement of this Act, and for the purposes of this Ac t, a document is held by a public authority if it is in its possession, custody or control; "public authority" means— (a) a Ministry, department, Executive Agency or other agency of Government; (b) a statutory body or authority; (c) a Parish Council; (d) the Council of the Kingston and St. Andrew Corporation; (e) any government company which— (i) is wholly owned by the Government or an agency of the Government, or in which the Government holds more than 50% shares; or (ii) is specified in an order under section 5 (3); (f) any other body or organization specified in an order under "responsible Minister" means the Mini ster responsible for the public au thority which holds an official document. 1/4 5 .—(1) Subject to subsection (2), this Act applies to— (...)(6) This Act shall not apply to— (a) the Governor-General, in relation to the exer cise of the powers and duties conferred or imposed on him by or under the Constitution of Jamaica or under any other law; (b) the judicial functions of— (i) a court; (ii) the holder of a judicial office or other office connected with a court;(...) 2/2 3. In this Act, unless the context otherwise requires— "appointed day" means the day appointed pursuant to section 1; "document" includes, in addition to a document in writing— (a) any map, plan, graph or drawing; (b) any photograph; (c) any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied, whether electronically or otherwise, so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; (d) any film (including microfilm), negative, tape or other device in which one or more visual images are embodied whether electronically or otherwise, so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; "exempt document" means a document which by virtue of any provision of Part III is exempt from disclosure; "exempt matter" means any matter the inclusion of which in a document causes that part of the document to be exempt from disclosure; "government company" means a compan y registered under the Companies Ac t, being a company in which the Government or an agency of the Government, whether by the holding of shares or by other financial input, is in a position to influence the policy of the company; "official document" means a document held by a public authority in connection with its functions as such, whether or not it was created— (a) by that authority; or (b) before the commencement of this Act, and for the purposes of this Ac t, a document is held by a public authority if it is in its possession, custody or control; "public authority" means— (a) a Ministry, department, Executive Agency or other agency of Government; (b) a statutory body or authority; (c) a Parish Council; (d) the Council of the Kingston and St. Andrew Corporation; (e) any government company which— (i) is wholly owned by the Government or an agency of the Government, or in which the Government holds more than 50% shares; or (ii) is specified in an order under section 5 (3); (f) any other body or organization specified in an order under "responsible Minister" means the Mini ster responsible for the public au thority which holds an official document. 2/2 3. In this Act, unless the context otherwise requires— "appointed day" means the day appointed pursuant to section 1; "document" includes, in addition to a document in writing— (a) any map, plan, graph or drawing; (b) any photograph; (c) any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied, whether electronically or otherwise, so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; (d) any film (including microfilm), negative, tape or other device in which one or more visual images are embodied whether electronically or otherwise, so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; "exempt document" means a document which by virtue of any provision of Part III is exempt from disclosure; "exempt matter" means any matter the inclusion of which in a document causes that part of the document to be exempt from disclosure; "government company" means a compan y registered under the Companies Ac t, being a company in which the Government or an agency of the Government, whether by the holding of shares or by other financial input, is in a position to influence the policy of the company; "official document" means a document held by a public authority in connection with its functions as such, whether or not it was created— (a) by that authority; or (b) before the commencement of this Act, and for the purposes of this Ac t, a document is held by a public authority if it is in its possession, custody or control; "public authority" means— (a) a Ministry, department, Executive Agency or other agency of Government; (b) a statutory body or authority; (c) a Parish Council; (d) the Council of the Kingston and St. Andrew Corporation; (e) any government company which— (i) is wholly owned by the Government or an agency of the Government, or in which the Government holds more than 50% shares; or (ii) is specified in an order under section 5 (3); (f) any other body or organization specified in an order under "responsible Minister" means the Mini ster responsible for the public au thority which holds an official document. 0/2 3. In this Act, unless the context otherwise requires— "appointed day" means the day appointed pursuant to section 1; "document" includes, in addition to a document in writing— (a) any map, plan, graph or drawing; (b) any photograph; (c) any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied, whether electronically or otherwise, so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; (d) any film (including microfilm), negative, tape or other device in which one or more visual images are embodied whether electronically or otherwise, so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; "exempt document" means a document which by virtue of any provision of Part III is exempt from disclosure; "exempt matter" means any matter the inclusion of which in a document causes that part of the document to be exempt from disclosure; "government company" means a compan y registered under the Companies Ac t, being a company in which the Government or an agency of the Government, whether by the holding of shares or by other financial input, is in a position to influence the policy of the company; "official document" means a document held by a public authority in connection with its functions as such, whether or not it was created— (a) by that authority; or (b) before the commencement of this Act, and for the purposes of this Ac t, a document is held by a public authority if it is in its possession, custody or control; "public authority" means— (a) a Ministry, department, Executive Agency or other agency of Government; (b) a statutory body or authority; (c) a Parish Council; (d) the Council of the Kingston and St. Andrew Corporation; (e) any government company which— (i) is wholly owned by the Government or an agency of the Government, or in which the Government holds more than 50% shares; or (ii) is specified in an order under section 5 (3); (f) any other body or organization specified in an order under "responsible Minister" means the Mini ster responsible for the public au thority which holds an official document. 5 .—(1) Subject to subsection (2), this Act applies to— (...)(3) The Minister may, by order subject to affirmat ive resolution, declare that this Act shall apply to—(...) (b) any other body or organization which provides services of a public nature which are essential to the welfare of the Jamaican society (...) 18/30
53 Nigeria 2/2 2(1): "Notwithstanding anything contained in any other Act, Law or Regulation, the right of any person to access or request information, whether or not contained in any written form, which is in the custody or possession of any public official, agency or institution howsoever described, is hereby established." 32: "<...> “Person” include a corporation sole, and also bo dy of persons whether cor porate or incorporate; acting individually or as a group; <...>" 4/4 2(1): "Notwithstanding anything contained in any other Act, Law or Regulation, the right of any person to access or request information, whether or not contained in any written form, which is in the custody or possession of any public official, agency or institution howsoever described, is hereby established." 2/2 2(1): "Notwithstanding anything contained in any other Act, Law or Regulation, the right of any person to access or request information, whether or not contained in any written form, which is in the custody or possession of any public official, agency or institution howsoever described, is hereby established." 4(2): "For the purpose of this Bill, any information or record applied for under this Bill that does not exist in print but can by regulation be produced from a machine, normally used by the government or public institution shall be deemed to be record under the control of the Government or public institution." 7/8 3(7): "Public institutions are all authorities whether executive, legislative or judicial agencies, ministries, and extra-ministerial departments of the government, together with all corporations established by law and all companies in which government has a controlling interest, and also, private companies utilizing public funds, providing public services or performing public functions." 27: "This Bill does not apply to— (a) published material or material available for purchase by the public; (b) Library or museum material made or acquired and preserved solely for public reference or exhibition purposes; or (c) material placed in the National Library, the National Museum or the non-public section of the National Archives of the Federal Republic of Nigeria on behalf of any person or organization other than a government and/or public institution." 4/4 3(7): "Public institutions are all authorities whether executive, legislative or judicial agencies, ministries, and extra-ministerial departments of the government, together with all corporations established by law and all companies in which government has a controlling interest, and also, private companies utilizing public funds, providing public services or performing public functions." 4/4 3(7): "Public institutions are all authorities whether executive, legislative or judicial agencies, ministries, and extra-ministerial departments of the government, together with all corporations established by law and all companies in which government has a controlling interest, and also, private companies utilizing public funds, providing public services or performing public functions." 2/2 3(7): "Public institutions are all authorities whether executive, legislative or judicial agencies, ministries, and extra-ministerial departments of the government, together with all corporations established by law and all companies in which government has a controlling interest, and also, private companies utilizing public funds, providing public services or performing public functions." 2/2 3(7): "Public institutions are all authorities whether executive, legislative or judicial agencies, ministries, and extra-ministerial departments of the government, together with all corporations established by law and all companies in which government has a controlling interest, and also, private companies utilizing public funds, providing public services or performing public functions." 2/2 3(7): "Public institutions are all authorities whether executive, legislative or judicial agencies, ministries, and extra-ministerial departments of the government, together with all corporations established by law and all companies in which government has a controlling interest, and also, private companies utilizing public funds, providing public services or performing public functions." 29/30
54 Hungary 2/2 Chapter 3, Section 28: "(1) Requests for accessing data of public interest may be made verbally, submitted in writing or electronically by anyone". Chapter 3, Section 26: "(1) Bodies or individuals undertaking state or local government duties, as well as other duties defined in the relevant legislation (hereinafter jointly referred to as body undertaking public duties) must be ensured the opportunity to provide access to data of public interest and data public on grounds of public interest to anyone requesting such data under their control, with the exception of cases defined within the scope of the present Act." 4/4 Chapter 3, 5. Data of public interest: information or data other then personal data registered in any mode or form concerning activities undertaken and controlled by the body or individual carrying out state or local government responsibilities, as well as other public duties defined in relevant legislation, regardless of their mode of control, independent or collective nature; therefore, with special regard to data concerning the scope of authority, competence, organisational structure, professional activity and evaluation equally encompassing its effectiveness, the type of data held and legislation regulating operation, as well as data concerning financial management and concluded contracts. 6. Data public on grounds of public interest: data other then data of public interest, the disclosure of or the access to which is provided for by the law, in the public interest. 2/2 Chapter 3, 5. Data of public interest: information or data other then personal data registered in any mode or form concerning activities undertaken and controlled by the body or individual carrying out state or local government responsibilities, as well as other public duties defined in relevant legislation, regardless of their mode of control, independent or collective nature; therefore, with special regard to data concerning the scope of authority, competence, organisational structure, professional activity and evaluation equally encompassing its effectiveness, the type of data held and legislation regulating operation, as well as data concerning financial management and concluded contracts. 6. Data public on grounds of public interest: data other then data of public interest, the disclosure of or the access to which is provided for by the law, in the public interest. 8/8 Chapter 1, Section 2: "(1) The scope of the present Act encompasses all data control and data processing activities undertaken in Hungary relating to the data of natural persons, as well as data of public interest and data public on grounds of public interest." Section 3: "5. Data of public interest: information or data other then personal data registered in any mode or form concerning activities undertaken and controlled by the body or individual carrying out state or local government responsibilities, as well as other public duties defined in relevant legislation, regardless of their mode of control, independent or collective nature; therefore, with special regard to data concerning the scope of authority, competence, organisational structure, professional activity and evaluation equally encompassing its effectiveness, the type of data held and legislation regulating operation, as well as data concerning financial management and concluded contracts." 4/4 Chapter 1, Section 2: "(1) The scope of the present Act encompasses all data control and data processing activities undertaken in Hungary relating to the data of natural persons, as well as data of public interest and data public on grounds of public interest." Section 3.5. "Data of public interest: information or data other then personal data registered in any mode or form concerning activities undertaken and controlled by the body or individual carrying out state or local government responsibilities, as well as other public duties defined in relevant legislation, regardless of their mode of control, independent or collective nature; therefore, with special regard to data concerning the scope of authority, competence, organisational structure, professional activity and evaluation equally encompassing its effectiveness, the type of data held and legislation regulating operation, as well as data concerning financial management and concluded contracts." 4/4 Section 3.5. "Data of public interest: information or data other then personal data registered in any mode or form concerning activities undertaken and controlled by the body or individual carrying out state or local government responsibilities, as well as other public duties defined in relevant legislation, regardless of their mode of control, independent or collective nature; therefore, with special regard to data concerning the scope of authority, competence, organisational structure, professional activity and evaluation equally encompassing its effectiveness, the type of data held and legislation regulating operation, as well as data concerning financial management and concluded contracts." 2/2 Section 26 "(1) Bodies or individuals undertaking state or local government duties, as well as other duties defined in the relevant legislation (hereinafter jointly referred to as body undertaking public duties) must be ensured the opportunity to provide access to data of public interest and data public on grounds of public interest to anyone requesting such data under their control, with the exception of cases defined within the scope of the present Act." 2/2 Section 26 "(1) Bodies or individuals undertaking state or local government duties, as well as other duties defined in the relevant legislation (hereinafter jointly referred to as body undertaking public duties) must be ensured the opportunity to provide access to data of public interest and data public on grounds of public interest to anyone requesting such data under their control, with the exception of cases defined within the scope of the present Act." 1/2 Section 26 "(1) Bodies or individuals undertaking state or local government duties, as well as other duties defined in the relevant legislation (hereinafter jointly referred to as body undertaking public duties) must be ensured the opportunity to provide access to data of public interest and data public on grounds of public interest to anyone requesting such data under their control, with the exception of cases defined within the scope of the present Act." 29/30
55 Italy 2/2 Article 2.1. The provisions of this decree govern the right of whomever to freely access the data held by the public administrations and by the other subjects indicated in article 2-bis, i.e., a right that is guaranteed, without prejudice to the restrictions imposed in relation to the need to protect public and private interests that are deemed to be legally relevant, through the public access and the publications of documents, information and data concerning the organization and activities of the public administrations, and the modalities for their implementation. Article 5.1. The obligation to publish documents, information or data, envisaged for the public administrations by the legislation currently in force, entails the right of everyone to request the publication of any document, information or datum the publication of which has been omitted. 4/4 Article 5.1. The obligation to publish documents, information or data, envisaged for the public administrations by the legislation currently in force, entails the right of everyone to request the publication of any document, information or datum the publication of which has been omitted. 2/2 Article 2.1. The provisions of this decree govern the right of whomever to freely access the data held by the public administrations and by the other subjects indicated in article 2-bis, i.e., a right that is guaranteed, without prejudice to the restrictions imposed in relation to the need to protect public and private interests that are deemed to be legally relevant, through the public access and the publications of documents, information and data concerning the organization and activities of the public administrations, and the modalities for their implementation. 8/8 Article 2-bis.1. For the purposes of this decree, \"public administrations\" shall mean all the administrations under article 1, paragraph 2, of Legislative Decree n. 165 dated 30 March 2001, as subsequently amended, including port authorities, as well as independent administrative authorities having protection, supervisory and regulatory powers. 0/4 1/4 1/2 Article 2-bis.2(a) The same rules governing the public administrations under paragraph 1 shall also apply, mutatis mutandis, to: a) economic public bodies and professional associations; 2/2 Article 2-bis.2(b) The same rules governing the public administrations under paragraph 1 shall also apply, mutatis mutandis, to: b) public control bodies as defined by article 2 of the legislative decree issued for the purpose of implementing article 18 of Law no. 124 of 7 August 2015. Listed companies as defined by the aforesaid decree are excluded; 2/2 Article 2-bis.2(c) and Article 2-bis.3. The same rules governing the public administrations under paragraph 1 shall also apply, mutatis mutandis, to: c) private associations, foundations and bodies however named, including those without legal personality, having a budget exceeding five hundred thousand Euro, whose activity is for the most part financed, for at least two consecutive fiscal years in the last three-year period, by public administrations and in which all of the members/participants of their bodies of management or direction are appointed by public administrations. 3. The same legislation governing the public administrations under paragraph 1, shall apply, mutatis mutandis, only with respect to the data and documents concerning the activity of public interest regulated by domestic law or European law, to semi-public companies as defined by the legislative decree issued for the purpose of implementing article 18 of Law no. 124 of 7 August 2015, and the associations, foundations and private bodies, including those without legal personality, having a budget exceeding five thousand Euro, and performing administrative functions, activities of production of goods and services in favour of public administrations or of management of public services. 22/30
56 Rwanda 2/2 9: \"Information shall be requested by an individual or a group of persons in any of the official languages provided for by the Constitution of the Republic of Rwanda verbally, in writing, by telephone, internet or any other means of communication without prejudice to the provisions of this Law. The person applying for information shall determine the means in which he/she wants to obtain information. However, if the means chosen for obtaining the information requested exceeds the capacity of the requested organ, the applicant shall bear the cost.\" 4/4 3: \"Every person has the right of access to information in possession of a public organ and some private bodies. The right of access to information includes the following: 1° assessing activities, documents or records; 2° taking notes, documents, extracts or copies of official documents or records; 3° taking documents or extracts of notified copies; 4° obtaining information stored in any electronic form or through print-outs copies of information stored in a computer or in any other device.\" 2/2 2(1): \"information: facts, things intended to be done, speeches held in reports, documents to be published, pictures, mails, opinions, advice, press releases, circulars, orders, logbooks, contracts, papers, samples, and any other material of public interests held in any form by a public organ and certain organs of private bodies;\" 3: \"Every person has the right of access to information in possession of a public organ and some private bodies. The right of access to information includes the following: 1° assessing activities, documents or records; 2° taking notes, documents, extracts or copies of official documents or records; 3° taking documents or extracts of notified copies; 4° obtaining information stored in any electronic form or through print-outs copies of information stored in a computer or in any other device.\" 8/8 2(5): \"public organ: administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law;\" 4/4 2(5): \"public organ: administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law;\" 4/4 2(5): \"public organ: administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law;\" 2/2 2(5): \"public organ: administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law;\" 2/2 2(5): \"public organ: administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law;\" 2/2 2(4): \"private body: a body that is not a public organ but that carries any business in relation to public interest, or to rights and freedoms of people;\" 2(5): \"public organ: administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law;\" 13: \"Private organs to which this Law applies are those whose activities are in connection with public interest, human rights and freedoms. A Ministerial Order shall determine private organs to which this Law applies.\" 30/30
57 United States of America 2/2 3(a) says records to be provided to any person - no citizenship requirement, and American law recognizes corporations as persons. 4/4 7(f)(2) definition seems to encompass everything. 1/2 There is no legal right (under FOIA or otherwise, outside of courtesy and customer service norms) to obtain answers to questions. 7/8 7(f)(1) includes all executive departments, but not local or state governments (this does not cost them points because it\'s an issue with the USA\'s federal system). Includes \"any other establishment\" by the executive branch, including the archives. Minus 1 point because the central offices of the White house are exempted. 0/4 FOIA does not apply to Congress, or the Senate according to the Administrative Procedure Act. 0/4 FOIA does not apply to the judiciary 2/2 FOIA applies to federal corporations - http://www.gwu.edu/~nsarchiv/nsa/foia/guide.html 2/2 FOIA applies to all federal regulatory bodies - http://www.gwu.edu/~nsarchiv/nsa/foia/guide.html 0/2 FOIA does not apply to any private corporations 18/30
58 Australia 2/2 11 "Right of access (1) Subject to this Act, every person has a legally enforceable right to obtain access in accordance with this Act(...)" 3/4 4 Interpretation (1) In this Act, unless the contrary intention appears: ACT enactment means an enactment as defined by section 3 of the Australian Capital Territory (Self-Government) Act 1988 . agency means a Department, a prescribed authority or an eligible case manager. applicant means a person who has made a request. Cabinet notebook means a notebook or other like record that contains notes of discussions or deliberations taking place in a meeting of the Cabinet or of a committee of the Cabinet, being notes made in the course of those discussions or deliberations by, or under the authority of, the Secretary to the Cabinet. Commission of inquiry means: (a) the Commission of inquiry within the meaning o f the Quarantine Act 1908 ; or (b) a Commission of inquiry within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 . Defence Imagery and Geospatial Organisation means that part of the Department of Defence known as the Defence Imagery and Geospatial Organisation. Defence Intelligence Organisation means that part of the Department of Defence known as the Defence Intelligence Organisation. Defence Signals Directorate means that part of the Department of Defence known as the Defence Signals Directorate. Department means a Department of the Australian Public Servic e that corresponds to a Department of State of the Co mmonwealth but does not include the branch of the Australian P ublic Service comprising the transitional staff as defined by sec tion 3 of the A.C.T. Self-Government (Consequential Provisions) A ct 1988 . document includes: (a) any of, or any part of any of, the following t hings: (i) any paper or other material on which there is writing; (ii) a map, plan, drawing or photograph; (iii) any paper or other material on which there a re marks, figures, symbols or perforations having a meaning f or persons qualified to interpret them; (iv) any article or material from which sounds, im ages or writings are capable of being reproduced with or without the aid of any other article or device; (v) any article on which information has been stor ed or recorded, either mechanically or electronically; (vi) any other record of information; or (b) any copy, reproduction or duplicate of such a thing; or (c) any part of such a copy, reproduction or dupli cate; but does not include: (d) library material maintained for reference purp oses; or (e) Cabinet notebooks. document of an agency or document of the agency means a document in the possession of an agency, or in the possession of the agency concerned, as the case requires, whether created in the agency or received in the agency. edited copy , in relation to a document, means a copy of the document from which deletions have been made under section 22. eligible case manager means an entity (within the meaning of the Employment Services Act 1994 ): (a) that is, or has at any time been, a contracted case manager within the meaning of that Act; and (b) that is not: (i) a Department; or (ii) a prescribed authority. enactment means, subject to section 4A: (a) an Act; (b) an Ordinance of the Australian Capital Territo ry; or (c) an instrument (including rules, regulations or by-laws) made under an Act or under such an Ordinance and include s an enactment as amended by another enactment. exempt content-service document means: (a) a document containing content, or a record of content (within the meaning of Schedule 7 to the Broadcasting Services Act 1992 ), that: (i) has been delivered by, or accessed using, a co ntent service (within the meaning of that Schedule); and (ii) was offensive content-service content when it was delivered by, or accessed using, that content servi ce; or (b) a document that sets out how to access, or tha t is likely to facilitate access to, offensive content-service con tent (for example, by setting out the name of a website, an I P address, a URL or a password). exempt document means: (a) a document which, by virtue of a provision of Part IV, is an exempt document; (b) a document in respect of which, by virtue of s ection 7, an agency, person or body is exempt from the operation of this Act; or (c) an official document of a Minister that contai ns some matter that does not relate to the affairs of an agency or of a Department of State. exempt internet-content document means: (a) a document containing information (within the meaning of Schedule 5 to the Broadcasting Services Act 1992 ) that: (i) has been copied from the internet; and (ii) was offensive internet content when it was ac cessible on the internet; or (b) a document that sets out how to access, or tha t is likely to facilitate access to, offensive internet content (f or example: by setting out the name of a website, an IP address , a URL, a password, or the name of a newsgroup). exempt matter means matter the inclusion of which in a document causes the document to be an exempt document. offensive content-service content means content (within the meaning of Schedule 7 to the Broadcasting Services Act 1992 ) that is: (a) delivered by, or accessed using, a content ser vice (within the meaning of that Schedule); and (b) either: (i) prohibited content (within the meaning of that Schedule); or (ii) potential prohibited content (within the mean ing of that Schedule). offensive internet content means internet content (within the meaning of Schedule 5 to the Broadcasting Services Act 1992 ) that is: (a) prohibited content (within the meaning of Schedule 5 to that Act as in force before the commencement of Schedule 7 to that Act); or (b) potential prohibited content (within the meaning of Schedule 5 to that Act as in force before the commencement of Schedule 7 to that Act). officer , in relation to an agency, includes a member of the agency or a member of the staff of the agency. official document of a Minister or official document of the Minister means a document that is in the possession of a Minister, or that is in the possession of the Minister concerned, as the case requires, in his or her capacity as a Minister, being a document that relates to the affairs of an agency or of a Department of State and, for the purposes of this definition, a Minister shall be deemed to be in possession of a document that has passed from hi s or her possession if he or she is entitled to access to th e document and the document is not a document of an agency. Ombudsman means the Commonwealth Ombudsman. Ordinance , in relation to the Australian Capital Territory, includes a law of a State that applies, or the provisions of a law of a State that apply, in the Territory by virtue of an enactment (other than a law that is, or provisions that are an ACT enactment). personal information means information or an opinion (including information forming part of a database), whether true or not, and whether recorded in a material form or not, about a n individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. prescribed authority means: (a) a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an enactment or an Order-in-Council, other than: (i) an incorporated company or association; or (ii) a body that, under subsection (2), is not to be taken to be a prescribed authority for the purposes of this Act ; or (iii) the Australian Capital Territory House of Assembly; or (iv) the Legislative Assembly of the Northern Territory or the Executive Council of the Northern Territory; or (v) the Legislative Assembly of the Territory of Norfolk Island; or (vi) a Royal Commission; or (vii) a Commission of inquiry; (b) any other body, whether incorporated or unincorporated, declared by the regulations to be a prescribed authority for the purposes of this Act, being: (i) a body established by the Governor-General or by a Minister; or (ii) an incorporated company or association over which the Commonwealth is in a position to exercise control; (c) subject to subsection (3), the person holding, or performing the duties of, an office established by an enactment or an Order-in-Council; or (d) the person holding, or performing the duties o f, an appointment declared by the regulations to be an appointment the holder of which is a prescribed authority for t he purposes of this Act, being an appointment made by the Governor-General, or by a Minister, otherwise than under an enactment or an Order-in-Counc principal officer means: (a) in relation to a Department—the person holding , or performing the duties of, the office of Secretary o f the Department; or (b) in relation to a prescribed authority: (i) if the regulations declare an office to be the principal office in respect of the authority—the person holding, or performing the duties of, that office; or (ii) in any other case—the person who constitutes that authority or, if the authority is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the authority at which he or she is present; or (c) in relation to an eligible case manager: (i) if the eligible case manager is an individual— the individual; or (ii) in any other case—the individual who has primary responsibility for the management of the eligible case manager. request means an application made under subsection 15(1). responsible Minister means: (a) in relation to a Department—the Minister administering the relevant Department of State; or (b) in relation to a prescribed authority referred to in paragraph (a) of the definition of prescribed authority —the Minister administering the part of the enactment by which, or in accordance with the provisions of which, the prescribed authority is established; or (c) in relation to a prescribed authority referred to in paragraph (c) of that definition—the Minister administering the part of the enactment by which the office is established; or (d) in relation to any other prescribed authority— the Minister declared by the regulations to be the responsible Minister in respect of that authority; or (e) in relation to an eligible case manager—the Minister administering the Employment Services Act 1994 ; or another Minister acting for and on behalf of that Minister. State includes the Australian Capital Territory and the Northern Territory. Tribunal means the Administrative Appeals Tribunal. (2) An unincorporated body, being a board, council , committee, sub-committee or other body established by, or in accordance with the provisions of, an enactment for the purpose of assisting, or performing functions connected with, a prescribed authority shall not be taken to be a prescribed authority for the purposes of this Act, but shall be deemed to be comprised within that prescribed authority. (3) A person shall not be taken to be a prescribed authority: (a) by virtue of his or her holding: (i) an office of member of the Legislative Assembly for the Australian Capital Territory; (ii) an office of member of the Legislative Assembly of the Northern Territory or of Administrator or of Minister of the Northern Territory; or (iii) an office of member of the Legislative Assembly of the Territory of Norfolk Island or of Administrator or Deputy Administrator of that Territory or an executive office created pursuant to section 12 of the Norfolk Island Act 1979 ; or (b) by virtue of his or her holding, or performing the duties of: (i) a prescribed office; (ii) an office the duties of which he or she performs as duties of his or her employment as an officer of a Department or as an officer of or under a prescribe d authority; (iii) an office of member of a body; or (iv) an office established by an enactment for the purposes of a prescribed authority. (4) For the purposes of this Act, the Department of Defence shall be deemed to include: (a) the Defence Force; (b) the Australian Army Cadets; (c) the Australian Navy Cadets; and (d) the Australian Air Force Cadets. (5) Without limiting the generality of the express ion security of the Commonwealth , that expression shall be taken to extend to: (a) matters relating to the detection, prevention or suppression of activities, whether within Australia or outside Australia, subversive of, or hostile to, the interests of the Commonwealth or of any country allied or associated with the Commonwealth; and (b) the security of any communications system or cryptographic system of the Commonwealth or of another country us ed for: (i) the defence of the Commonwealth or of any country allied or associated with the Commonwealth; or (ii) the conduct of the international relations of the Commonwealth. (6) Where an agency is abolished, then, for the purposes of this Act: (a) if the functions of the agency are acquired by another agency—any request made to the first-mentioned agency shall be deemed to have been made to, and any decision made by the first-mentioned agency in respect of a request made to it shall be deemed to have been made by, the other agency; and (b) if the functions of the agency are acquired by more than one other agency—any request made to the first-mentioned agency shall be deemed to have been made to, and an y decision made by the first-mentioned agency in respect of a request made to it shall be deemed to have been mad e by, whichever of those other agencies has acquired the functions of the first-mentioned agency to which the document the subject of the request most closely relates; and (c) if the documents of the agency are transferred to the care (within the meaning of the Archives Act 1983 ) of the National Archives of Australia—any request made to the agency shall be deemed to have been made to, and an y decision made by the agency in respect of a request made by it shall be deemed to have been made by, the agency to the functions of which the document the subject of the request most closely relates. (7) If the agency to which a request is so deemed to have been made, or by which a decision upon a request is so deemed to have been made, was not itself in existence at the time when the request or decision was deemed so to have been made, then, for the purposes only of dealing with that request or decision under this Act, that agency shall be deemed to have been in existence at that time. (8) For the purposes of this Act, where regulation s for the purposes of this subsection declare that an application fee is applicable in respect of an application under subsection 15(1) or 54(1), there shall be taken to be an application fee in respect of the application. (9) For the purposes of the application of the definition of responsible Minister in subsection (1) of this Act (other than sections 8 and 93), the reference in that definition to the Minister administering a Department is a reference to the Minister to whom t he Department is responsible in respect of the matter in respect of which this Act is being applied. 0/2 4 Interpretation (1) In this Act, unless the contrary intention appears: ACT enactment means an enactment as defined by section 3 of the Australian Capital Territory (Self-Government) Act 1988 . agency means a Department, a prescribed authority or an eligible case manager. applicant means a person who has made a request. Cabinet notebook means a notebook or other like record that contains notes of discussions or deliberations taking place in a meeting of the Cabinet or of a committee of the Cabinet, being notes made in the course of those discussions or deliberations by, or under the authority of, the Secretary to the Cabinet. Commission of inquiry means: (a) the Commission of inquiry within the meaning o f the Quarantine Act 1908 ; or (b) a Commission of inquiry within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 . Defence Imagery and Geospatial Organisation means that part of the Department of Defence known as the Defence Imagery and Geospatial Organisation. Defence Intelligence Organisation means that part of the Department of Defence known as the Defence Intelligence Organisation. Defence Signals Directorate means that part of the Department of Defence known as the Defence Signals Directorate. Department means a Department of the Australian Public Servic e that corresponds to a Department of State of the Co mmonwealth but does not include the branch of the Australian P ublic Service comprising the transitional staff as defined by sec tion 3 of the A.C.T. Self-Government (Consequential Provisions) A ct 1988 . document includes: (a) any of, or any part of any of, the following t hings: (i) any paper or other material on which there is writing; (ii) a map, plan, drawing or photograph; (iii) any paper or other material on which there a re marks, figures, symbols or perforations having a meaning f or persons qualified to interpret them; (iv) any article or material from which sounds, im ages or writings are capable of being reproduced with or without the aid of any other article or device; (v) any article on which information has been stor ed or recorded, either mechanically or electronically; (vi) any other record of information; or (b) any copy, reproduction or duplicate of such a thing; or (c) any part of such a copy, reproduction or dupli cate; but does not include: (d) library material maintained for reference purp oses; or (e) Cabinet notebooks. document of an agency or document of the agency means a document in the possession of an agency, or in the possession of the agency concerned, as the case requires, whether created in the agency or received in the agency. edited copy , in relation to a document, means a copy of the document from which deletions have been made under section 22. eligible case manager means an entity (within the meaning of the Employment Services Act 1994 ): (a) that is, or has at any time been, a contracted case manager within the meaning of that Act; and (b) that is not: (i) a Department; or (ii) a prescribed authority. enactment means, subject to section 4A: (a) an Act; (b) an Ordinance of the Australian Capital Territo ry; or (c) an instrument (including rules, regulations or by-laws) made under an Act or under such an Ordinance and include s an enactment as amended by another enactment. exempt content-service document means: (a) a document containing content, or a record of content (within the meaning of Schedule 7 to the Broadcasting Services Act 1992 ), that: (i) has been delivered by, or accessed using, a co ntent service (within the meaning of that Schedule); and (ii) was offensive content-service content when it was delivered by, or accessed using, that content servi ce; or (b) a document that sets out how to access, or tha t is likely to facilitate access to, offensive content-service con tent (for example, by setting out the name of a website, an I P address, a URL or a password). exempt document means: (a) a document which, by virtue of a provision of Part IV, is an exempt document; (b) a document in respect of which, by virtue of s ection 7, an agency, person or body is exempt from the operation of this Act; or (c) an official document of a Minister that contai ns some matter that does not relate to the affairs of an agency or of a Department of State. exempt internet-content document means: (a) a document containing information (within the meaning of Schedule 5 to the Broadcasting Services Act 1992 ) that: (i) has been copied from the internet; and (ii) was offensive internet content when it was ac cessible on the internet; or (b) a document that sets out how to access, or tha t is likely to facilitate access to, offensive internet content (f or example: by setting out the name of a website, an IP address , a URL, a password, or the name of a newsgroup). exempt matter means matter the inclusion of which in a document causes the document to be an exempt document. offensive content-service content means content (within the meaning of Schedule 7 to the Broadcasting Services Act 1992 ) that is: (a) delivered by, or accessed using, a content ser vice (within the meaning of that Schedule); and (b) either: (i) prohibited content (within the meaning of that Schedule); or (ii) potential prohibited content (within the mean ing of that Schedule). offensive internet content means internet content (within the meaning of Schedule 5 to the Broadcasting Services Act 1992 ) that is: (a) prohibited content (within the meaning of Schedule 5 to that Act as in force before the commencement of Schedule 7 to that Act); or (b) potential prohibited content (within the meaning of Schedule 5 to that Act as in force before the commencement of Schedule 7 to that Act). officer , in relation to an agency, includes a member of the agency or a member of the staff of the agency. official document of a Minister or official document of the Minister means a document that is in the possession of a Minister, or that is in the possession of the Minister concerned, as the case requires, in his or her capacity as a Minister, being a document that relates to the affairs of an agency or of a Department of State and, for the purposes of this definition, a Minister shall be deemed to be in possession of a document that has passed from hi s or her possession if he or she is entitled to access to th e document and the document is not a document of an agency. Ombudsman means the Commonwealth Ombudsman. Ordinance , in relation to the Australian Capital Territory, includes a law of a State that applies, or the provisions of a law of a State that apply, in the Territory by virtue of an enactment (other than a law that is, or provisions that are an ACT enactment). personal information means information or an opinion (including information forming part of a database), whether true or not, and whether recorded in a material form or not, about a n individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. prescribed authority means: (a) a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an enactment or an Order-in-Council, other than: (i) an incorporated company or association; or (ii) a body that, under subsection (2), is not to be taken to be a prescribed authority for the purposes of this Act ; or (iii) the Australian Capital Territory House of Assembly; or (iv) the Legislative Assembly of the Northern Territory or the Executive Council of the Northern Territory; or (v) the Legislative Assembly of the Territory of Norfolk Island; or (vi) a Royal Commission; or (vii) a Commission of inquiry; (b) any other body, whether incorporated or unincorporated, declared by the regulations to be a prescribed authority for the purposes of this Act, being: (i) a body established by the Governor-General or by a Minister; or (ii) an incorporated company or association over which the Commonwealth is in a position to exercise control; (c) subject to subsection (3), the person holding, or performing the duties of, an office established by an enactment or an Order-in-Council; or (d) the person holding, or performing the duties o f, an appointment declared by the regulations to be an appointment the holder of which is a prescribed authority for t he purposes of this Act, being an appointment made by the Governor-General, or by a Minister, otherwise than under an enactment or an Order-in-Counc principal officer means: (a) in relation to a Department—the person holding , or performing the duties of, the office of Secretary o f the Department; or (b) in relation to a prescribed authority: (i) if the regulations declare an office to be the principal office in respect of the authority—the person holding, or performing the duties of, that office; or (ii) in any other case—the person who constitutes that authority or, if the authority is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the authority at which he or she is present; or (c) in relation to an eligible case manager: (i) if the eligible case manager is an individual— the individual; or (ii) in any other case—the individual who has primary responsibility for the management of the eligible case manager. request means an application made under subsection 15(1). responsible Minister means: (a) in relation to a Department—the Minister administering the relevant Department of State; or (b) in relation to a prescribed authority referred to in paragraph (a) of the definition of prescribed authority —the Minister administering the part of the enactment by which, or in accordance with the provisions of which, the prescribed authority is established; or (c) in relation to a prescribed authority referred to in paragraph (c) of that definition—the Minister administering the part of the enactment by which the office is established; or (d) in relation to any other prescribed authority— the Minister declared by the regulations to be the responsible Minister in respect of that authority; or (e) in relation to an eligible case manager—the Minister administering the Employment Services Act 1994 ; or another Minister acting for and on behalf of that Minister. State includes the Australian Capital Territory and the Northern Territory. Tribunal means the Administrative Appeals Tribunal. (2) An unincorporated body, being a board, council , committee, sub-committee or other body established by, or in accordance with the provisions of, an enactment for the purpose of assisting, or performing functions connected with, a prescribed authority shall not be taken to be a prescribed authority for the purposes of this Act, but shall be deemed to be comprised within that prescribed authority. (3) A person shall not be taken to be a prescribed authority: (a) by virtue of his or her holding: (i) an office of member of the Legislative Assembly for the Australian Capital Territory; (ii) an office of member of the Legislative Assembly of the Northern Territory or of Administrator or of Minister of the Northern Territory; or (iii) an office of member of the Legislative Assembly of the Territory of Norfolk Island or of Administrator or Deputy Administrator of that Territory or an executive office created pursuant to section 12 of the Norfolk Island Act 1979 ; or (b) by virtue of his or her holding, or performing the duties of: (i) a prescribed office; (ii) an office the duties of which he or she performs as duties of his or her employment as an officer of a Department or as an officer of or under a prescribe d authority; (iii) an office of member of a body; or (iv) an office established by an enactment for the purposes of a prescribed authority. (4) For the purposes of this Act, the Department of Defence shall be deemed to include: (a) the Defence Force; (b) the Australian Army Cadets; (c) the Australian Navy Cadets; and (d) the Australian Air Force Cadets. (5) Without limiting the generality of the express ion security of the Commonwealth , that expression shall be taken to extend to: (a) matters relating to the detection, prevention or suppression of activities, whether within Australia or outside Australia, subversive of, or hostile to, the interests of the Commonwealth or of any country allied or associated with the Commonwealth; and (b) the security of any communications system or cryptographic system of the Commonwealth or of another country us ed for: (i) the defence of the Commonwealth or of any country allied or associated with the Commonwealth; or (ii) the conduct of the international relations of the Commonwealth. (6) Where an agency is abolished, then, for the purposes of this Act: (a) if the functions of the agency are acquired by another agency—any request made to the first-mentioned agency shall be deemed to have been made to, and any decision made by the first-mentioned agency in respect of a request made to it shall be deemed to have been made by, the other agency; and (b) if the functions of the agency are acquired by more than one other agency—any request made to the first-mentioned agency shall be deemed to have been made to, and an y decision made by the first-mentioned agency in respect of a request made to it shall be deemed to have been mad e by, whichever of those other agencies has acquired the functions of the first-mentioned agency to which the document the subject of the request most closely relates; and (c) if the documents of the agency are transferred to the care (within the meaning of the Archives Act 1983 ) of the National Archives of Australia—any request made to the agency shall be deemed to have been made to, and an y decision made by the agency in respect of a request made by it shall be deemed to have been made by, the agency to the functions of which the document the subject of the request most closely relates. (7) If the agency to which a request is so deemed to have been made, or by which a decision upon a request is so deemed to have been made, was not itself in existence at the time when the request or decision was deemed so to have been made, then, for the purposes only of dealing with that request or decision under this Act, that agency shall be deemed to have been in existence at that time. (8) For the purposes of this Act, where regulation s for the purposes of this subsection declare that an application fee is applicable in respect of an application under subsection 15(1) or 54(1), there shall be taken to be an application fee in respect of the application. (9) For the purposes of the application of the definition of responsible Minister in subsection (1) of this Act (other than sections 8 and 93), the reference in that definition to the Minister administering a Department is a reference to the Minister to whom t he Department is responsible in respect of the matter in respect of which this Act is being applied. 4/8 6. "Act to apply to certain tribunals in respect of administrative matters For the purposes of this Act: (a) each tribunal, authority or body specified in Schedule 1 is deemed to be a prescribed authority(...)" 13. "Documents in certain institutions (1) A document shall not be deemed to be a documen t of an agency for the purposes of this Act by reason of its being(...) d) in the care (within the meaning of the Archives Act 1983 ) of the National Archives of Australia (otherwise than as a document relating to the administration of the Nati onal Archives of Australia)(...)" 0/4 4 Interpretation (1) In this Act, unless the contrary intention appears: ACT enactment means an enactment as defined by section 3 of the Australian Capital Territory (Self-Government) Act 1988 . agency means a Department, a prescribed authority or an eligible case manager. applicant means a person who has made a request. Cabinet notebook means a notebook or other like record that contains notes of discussions or deliberations taking place in a meeting of the Cabinet or of a committee of the Cabinet, being notes made in the course of those discussions or deliberations by, or under the authority of, the Secretary to the Cabinet. Commission of inquiry means: (a) the Commission of inquiry within the meaning o f the Quarantine Act 1908 ; or (b) a Commission of inquiry within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 . Defence Imagery and Geospatial Organisation means that part of the Department of Defence known as the Defence Imagery and Geospatial Organisation. Defence Intelligence Organisation means that part of the Department of Defence known as the Defence Intelligence Organisation. Defence Signals Directorate means that part of the Department of Defence known as the Defence Signals Directorate. Department means a Department of the Australian Public Servic e that corresponds to a Department of State of the Co mmonwealth but does not include the branch of the Australian P ublic Service comprising the transitional staff as defined by sec tion 3 of the A.C.T. Self-Government (Consequential Provisions) A ct 1988 . document includes: (a) any of, or any part of any of, the following t hings: (i) any paper or other material on which there is writing; (ii) a map, plan, drawing or photograph; (iii) any paper or other material on which there a re marks, figures, symbols or perforations having a meaning f or persons qualified to interpret them; (iv) any article or material from which sounds, im ages or writings are capable of being reproduced with or without the aid of any other article or device; (v) any article on which information has been stor ed or recorded, either mechanically or electronically; (vi) any other record of information; or (b) any copy, reproduction or duplicate of such a thing; or (c) any part of such a copy, reproduction or dupli cate; but does not include: (d) library material maintained for reference purp oses; or (e) Cabinet notebooks. document of an agency or document of the agency means a document in the possession of an agency, or in the possession of the agency concerned, as the case requires, whether created in the agency or received in the agency. edited copy , in relation to a document, means a copy of the document from which deletions have been made under section 22. eligible case manager means an entity (within the meaning of the Employment Services Act 1994 ): (a) that is, or has at any time been, a contracted case manager within the meaning of that Act; and (b) that is not: (i) a Department; or (ii) a prescribed authority. enactment means, subject to section 4A: (a) an Act; (b) an Ordinance of the Australian Capital Territo ry; or (c) an instrument (including rules, regulations or by-laws) made under an Act or under such an Ordinance and include s an enactment as amended by another enactment. exempt content-service document means: (a) a document containing content, or a record of content (within the meaning of Schedule 7 to the Broadcasting Services Act 1992 ), that: (i) has been delivered by, or accessed using, a co ntent service (within the meaning of that Schedule); and (ii) was offensive content-service content when it was delivered by, or accessed using, that content servi ce; or (b) a document that sets out how to access, or tha t is likely to facilitate access to, offensive content-service con tent (for example, by setting out the name of a website, an I P address, a URL or a password). exempt document means: (a) a document which, by virtue of a provision of Part IV, is an exempt document; (b) a document in respect of which, by virtue of s ection 7, an agency, person or body is exempt from the operation of this Act; or (c) an official document of a Minister that contai ns some matter that does not relate to the affairs of an agency or of a Department of State. exempt internet-content document means: (a) a document containing information (within the meaning of Schedule 5 to the Broadcasting Services Act 1992 ) that: (i) has been copied from the internet; and (ii) was offensive internet content when it was ac cessible on the internet; or (b) a document that sets out how to access, or tha t is likely to facilitate access to, offensive internet content (f or example: by setting out the name of a website, an IP address , a URL, a password, or the name of a newsgroup). exempt matter means matter the inclusion of which in a document causes the document to be an exempt document. offensive content-service content means content (within the meaning of Schedule 7 to the Broadcasting Services Act 1992 ) that is: (a) delivered by, or accessed using, a content ser vice (within the meaning of that Schedule); and (b) either: (i) prohibited content (within the meaning of that Schedule); or (ii) potential prohibited content (within the mean ing of that Schedule). offensive internet content means internet content (within the meaning of Schedule 5 to the Broadcasting Services Act 1992 ) that is: (a) prohibited content (within the meaning of Schedule 5 to that Act as in force before the commencement of Schedule 7 to that Act); or (b) potential prohibited content (within the meaning of Schedule 5 to that Act as in force before the commencement of Schedule 7 to that Act). officer , in relation to an agency, includes a member of the agency or a member of the staff of the agency. official document of a Minister or official document of the Minister means a document that is in the possession of a Minister, or that is in the possession of the Minister concerned, as the case requires, in his or her capacity as a Minister, being a document that relates to the affairs of an agency or of a Department of State and, for the purposes of this definition, a Minister shall be deemed to be in possession of a document that has passed from hi s or her possession if he or she is entitled to access to th e document and the document is not a document of an agency. Ombudsman means the Commonwealth Ombudsman. Ordinance , in relation to the Australian Capital Territory, includes a law of a State that applies, or the provisions of a law of a State that apply, in the Territory by virtue of an enactment (other than a law that is, or provisions that are an ACT enactment). personal information means information or an opinion (including information forming part of a database), whether true or not, and whether recorded in a material form or not, about a n individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. prescribed authority means: (a) a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an enactment or an Order-in-Council, other than: (i) an incorporated company or association; or (ii) a body that, under subsection (2), is not to be taken to be a prescribed authority for the purposes of this Act ; or (iii) the Australian Capital Territory House of Assembly; or (iv) the Legislative Assembly of the Northern Territory or the Executive Council of the Northern Territory; or (v) the Legislative Assembly of the Territory of Norfolk Island; or (vi) a Royal Commission; or (vii) a Commission of inquiry; (b) any other body, whether incorporated or unincorporated, declared by the regulations to be a prescribed authority for the purposes of this Act, being: (i) a body established by the Governor-General or by a Minister; or (ii) an incorporated company or association over which the Commonwealth is in a position to exercise control; (c) subject to subsection (3), the person holding, or performing the duties of, an office established by an enactment or an Order-in-Council; or (d) the person holding, or performing the duties o f, an appointment declared by the regulations to be an appointment the holder of which is a prescribed authority for t he purposes of this Act, being an appointment made by the Governor-General, or by a Minister, otherwise than under an enactment or an Order-in-Counc principal officer means: (a) in relation to a Department—the person holding , or performing the duties of, the office of Secretary o f the Department; or (b) in relation to a prescribed authority: (i) if the regulations declare an office to be the principal office in respect of the authority—the person holding, or performing the duties of, that office; or (ii) in any other case—the person who constitutes that authority or, if the authority is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the authority at which he or she is present; or (c) in relation to an eligible case manager: (i) if the eligible case manager is an individual— the individual; or (ii) in any other case—the individual who has primary responsibility for the management of the eligible case manager. request means an application made under subsection 15(1). responsible Minister means: (a) in relation to a Department—the Minister administering the relevant Department of State; or (b) in relation to a prescribed authority referred to in paragraph (a) of the definition of prescribed authority —the Minister administering the part of the enactment by which, or in accordance with the provisions of which, the prescribed authority is established; or (c) in relation to a prescribed authority referred to in paragraph (c) of that definition—the Minister administering the part of the enactment by which the office is established; or (d) in relation to any other prescribed authority— the Minister declared by the regulations to be the responsible Minister in respect of that authority; or (e) in relation to an eligible case manager—the Minister administering the Employment Services Act 1994 ; or another Minister acting for and on behalf of that Minister. State includes the Australian Capital Territory and the Northern Territory. Tribunal means the Administrative Appeals Tribunal. 1/4 5 Act to apply to courts in respect of administrat ive matters For the purposes of this Act: (a) a court shall be deemed to be a prescribed aut hority; (b) the holder of a judicial office or other offic e pertaining to a court in his or her capacity as the holder of that office, being an office established by the legislation establishi ng the court, shall be deemed not to be a prescribed authority an d shall not be included in a Department; and (c) a registry or other office of a court, and the staff of such a registry or other office when acting in a capacity as members of that staff, shall be taken as a part of the cour t; but this Act does not apply to any request for acce ss to a document of the court unless the document relates to matters of an administrative nature. 0/2 0/2 0/2 10/30
59 Belize 1/2 SECTION 9 Subject to this Act, every person shall have a right to obtain access in accordance with this Act to a document of a Ministry or prescribed authority, other than an exempt document. 4/4 SECTION 3 "(1) In this Act, unless the context otherwise requires (...)"document" includes public contracts, grants or leases of land, or any written or printed matter, any map, plan or photograph, and any article or thing that has been so treated in relation to any sounds or visual images that those sounds or visual images are capable, with or without the aid of some other device, of being reproduced from the article or thing, and includes a copy of any such matter, map, plan, photograph, article or thing, but does not include library material maintained for reference purposes;(...)" 2/2 SECTION 3 "(1) In this Act, unless the context otherwise requires (...)"request" means a request for access to a document or record made in accordance with this Act;(...)" SECTION 14(1) Where- (b) it appears from the request that the desire of the applicant is for information that is not available in discrete form in documents of the Ministry or prescribed authority;" 7/8 SECTION 3 "(1) In this Act, unless the context otherwise requires(...)" Department" means a Department of the Government of Belize; (...)"Minister" or "Minister administering this Act" means the Minister who has been assigned responsibility under the Constitution for information; "Ministry" means a Ministry of the Government and includes a Minister, Minister of State and officers and servants of that Ministry;(...)"prescribed authority" means- (a) a local authority (a city council, town board or a village council); (b) a public statutory corporation or body; or (c) a body corporate or an unincorporated body, established for a public purpose, which may be prescribed by the Minister by Order published in the Gazette; "principal officer" means- (a) in relation to a Ministry, the Permanent Secretary of that Ministry, (b) in relation to a Department, the Head of that Department, and (c) in relation to a prescribed authority, the chief executive officer, general manager or other similar officer of that authority (...)"responsible Minister" means- (a) in relation to a Ministry - the Minister who has been assigned responsibility under the Constitution for that Ministry, or (b) in relation to a prescribed authority - the Minister who has been assigned responsibility under the Constitution for the subject-matter of that authority. (2) References in this Act to a Ministry shall include a reference to a Department of Government." 0/4 0/4 SECTION 3 (1) In this Act, unless the context otherwise requires "applicant" means a person who has made a request; " Department" means a Department of the Government of Belize; "document" includes public contracts, grants or leases of land, or any written or printed matter, any map, plan or photograph, and any article or thing that has been so treated in relation to any sounds or visual images that those sounds or visual images are capable, with or without the aid of some other device, of being reproduced from the article or thing, and includes a copy of any such matter, map, plan, photograph, article or thing, but does not include library material maintained for reference purposes; "enactment" means an Act or an instrument (including rules, regulations or by-laws) made under an Act; "exempt document" means a document which, by virtue of a provision of Part IV, is an exempt document; "exempt matter" means matter the inclusion of which in a document causes the document to be an exempt document; "Minister" or "Minister administering this Act" means the Minister who has been assigned responsibility under the Constitution for information; "Ministry" means a Ministry of the Government and includes a Minister, Minister of State and officers and servants of that Ministry; "Ombudsman" means the Ombudsman established under the Ombudsman Act; "prescribed authority" means- (a) a local authority (a city council, town board or a village council); (b) a public statutory corporation or body; or (c)a body corporate or an unincorporated body, established for a public purpose, which may be prescribed by the Minister by Order published in the Gazette; "principal officer" means- (a)in relation to a Ministry, the Permanent Secretary of that Ministry, (b) in relation to a Department, the Head of that Department, and (c) in relation to a prescribed authority, the chief executive officer, general manager or other similar officer of that authority; "regulations" means regulations made under this Act; "record" shall have the same meaning as assigned to the term "document"; "request" means a request for access to a document or record made in accordance with this Act; "responsible Minister" means- (a) in relation to a Ministry - the Minister who has been assigned responsibility under the Constitution for that Ministry, or (b)in relation to a prescribed authority - the Minister who has been assigned responsibility under the Constitution for the subject-matter of that authority. (2) References in this Act to a Ministry shall include a reference to a Department of Government. 2/2 SECTION 3 "(...)"prescribed authority" means- (a) a local authority (a city council, town board or a village council); (b) a public statutory corporation or body; or (c) a body corporate or an unincorporated body, established for a public purpose, which may be prescribed by the Minister by Order published in the Gazette;" 2/2 SECTION 3 "(...)"prescribed authority" means- (a) a local authority (a city council, town board or a village council); (b) a public statutory corporation or body; or (c) a body corporate or an unincorporated body, established for a public purpose, which may be prescribed by the Minister by Order published in the Gazette;" 1/2 SECTION 3 "(...)"prescribed authority" means- (a) a local authority (a city council, town board or a village council); (b) a public statutory corporation or body; or (c) a body corporate or an unincorporated body, established for a public purpose, which may be prescribed by the Minister by Order published in the Gazette;" 19/30
60 Honduras 1/2 ARTÍCULO 3.- DEFINICIONES. Para los efectos de la presente Ley, se entiende por: 3) Derecho de Acceso a la Información Pública: El derecho que tiene todo ciudadano para acceder a la información generada, administrada o en poder de las instituciones obligadas previstos en la presente Ley, en los términos y condiciones de la misma; ARTÍCULO 4.- DEBER DE INFORMAR Y DERE- CHO AL ACCESO A LA INFORMACIÓN PÚBLICA. Todas las instituciones obligadas deberán publicar la información relativa a su gestión o, en su caso, brindar toda la información concerniente a la aplicación de los fondos públicos que administren o hayan sido garantizados por el Estado. Sin perjuicio de lo previsto en la Ley de Contratación del Estado en relación con las publicaciones, todos los procedimientos de selección de contratistas y los contratos celebrados, se divulgarán obligatoriamente en el sitio de Internet que administre la Oficina Normativa de Contratación y Adquisiciones (ONCAE). A este efecto, los titulares de los órganos o instituciones públicas quedan obligados a remitir la información respectiva. A su vez, toda persona natural o jurídica, tiene derecho a solicitar y a recibir de las Instituciones Obligadas, información completa, veraz, adecuada y oportuna en los límites y condiciones establecidos en esta Ley. 3/4 ARTÍCULO 3.- DEFINICIONES. Para los efectos de la presente Ley, se entiende por:(...) 5) Información Pública : Todo archivo, registro, dato o comunicación contenida en cualquier medio, documento, registro impreso, óptico o electrónico u otro que no haya sido clasificado como reservado se encuentre en poder de las Instituciones Obligadas que no haya sido previamente clasificada como reservada y que pueda ser reproducida. Dicha información incluirá la contenida en los expedientes, reportes, estudios, actas, resoluciones, oficios, decretos, acuerdos, directrices, estadística, licencias de todo tipo, personalidades jurídicas, presupuestos, liquidaciones presupuestarias, financiamientos, donaciones, adquisiciones de bienes, suministros y servicios, y todo registro que documente el ejercicio de facultades, derechos y obligaciones de las Instituciones Obligadas sin importar su fuente o fecha de elaboración;(...) 0/2 ARTÍCULO 14.- ENTREGA Y USO DE LA INFOR- MACIÓN. La Información Pública deberá proporcionarse al solicitante o usuario en el estado o formato en que se encuentre disponible. En caso de inexistencia de la información solicitada, se le comunicará por escrito este hecho al solicitante. Los solicitantes o usuarios no podrán exigir a las Instituciones Obligadas que efectúen evaluaciones o análisis de la información que posean. Los solicitantes o usuarios serán directamente responsables por el uso, manejo y difusión de la información pública a la que tengan acceso. 8/8 ARTÍCULO 3.- DEFINICIONES. Para los efectos de la presente Ley, se entiende por:(...) 4) Instituciones Obligadas : a) El Poder Legislativo, el Poder Judicial, el Poder Ejecutivo, las instituciones autónomas, las municipalidades y los demás órganos e instituciones del Estado;(...) 4/4 ARTÍCULO 3.- DEFINICIONES. Para los efectos de la presente Ley, se entiende por:(...) 4) Instituciones Obligadas : a) El Poder Legislativo, el Poder Judicial, el Poder Ejecutivo, las instituciones autónomas, las municipalidades y los demás órganos e instituciones del Estado;(...) 4/4 ARTÍCULO 3.- DEFINICIONES. Para los efectos de la presente Ley, se entiende por:(...) 4) Instituciones Obligadas : a) El Poder Legislativo, el Poder Judicial, el Poder Ejecutivo, las instituciones autónomas, las municipalidades y los demás órganos e instituciones del Estado;(...) 0/2 2/2 ARTÍCULO 3.- DEFINICIONES. Para los efectos de la presente Ley, se entiende por:(...) 4) Instituciones Obligadas : a) El Poder Legislativo, el Poder Judicial, el Poder Ejecutivo, las instituciones autónomas, las municipalidades y los demás órganos e instituciones del Estado;(...) 1/2 ARTÍCULO 3.- DEFINICIONES. Para los efectos de la presente Ley, se entiende por:(...) 4) Instituciones Obligadas :(...)b) Las Organizaciones No Gubernamentales (ONG’S), las Organizaciones Privadas de Desarrollo (OPD’s) y en general todas aquellas personas naturales o jurídicas que a cualquier título reciban o administren fondos públicos, cualquiera que sea su origen, sea nacional o extranjero o sea por si misma o a nombre del Estado o donde éste haya sido garante, y todas aquellas organizaciones gremiales que reciban ingresos por la emisión de timbres, por la retención de bienes o que estén exentos del pago de impuestos;(...) ARTÍCULO 13.- INFORMACIÓN QUE DEBE SER DIFUNDIDA DE OFICIO. Toda Institución Obligada está en el deber de difundir de oficio y actualizar periódicamente a través de medios electrónicos o instrumentos computarizados; a falta de éstos, por los medios escritos disponibles, la información siguiente:(...) información sobre actividades de empresas privadas que suministren bienes y servicios públicos con carácter de exclusividad o que celebren contratos financiados con recursos o fondos del Estado, será divulgada por medio de la entidad pública con la cual se hayan celebrado los contratos respectivos. 23/30
61 Romania 2/2 Article 6: "Any individual has the right to request and obtain public information from the public authorities and organizations, under the terms of this law." 4/4 Article 2. Section 2: "For the purpose of this law:[...] Public information means any information related to or resulting from the activities of a public authority or organization, regardless of the frame, form or way of expression of the information.[...]" 2/2 Article 6: "Any individual has the right to request and obtain public information from the public authorities and organizations, under the terms of this law. Public authorities and organizations shall provide public information to the individuals, at their request, in writing or orally." Article 9: "If the request for information implies reproduction of the documents held by the public authority or organization, the petitioner shall bear the cost of the reproduction, in compliance with the law." 8/8 Article 2. Section A: "For the purpose of this law: Public authority or organization means any public authority or organization or any autonomous organization using public financial resources and developing its activity in Romania, according to the Constitution;" 4/4 Article 2. Section A: "For the purpose of this law: Public authority or organization means any public authority or organization or any autonomous organization using public financial resources and developing its activity in Romania, according to the Constitution;" 4/4 Article 2. Section A: "For the purpose of this law: Public authority or organization means any public authority or organization or any autonomous organization using public financial resources and developing its activity in Romania, according to the Constitution;" 2/2 Article 2. Section A: "For the purpose of this law: Public authority or organization means any public authority or organization or any autonomous organization using public financial resources and developing its activity in Romania, according to the Constitution;" 2/2 Article 2. Section A: "For the purpose of this law: Public authority or organization means any public authority or organization or any autonomous organization using public financial resources and developing its activity in Romania, according to the Constitution;" . 1/2 Article 2: "For the purpose of this law: a) Public authority or organization means any public authority or organization or any autonomous organization using public financial resources and developing its activity in Romania, according to the Constitution; b) Public information means any information related to or resulting from the activities of a public authority or organization, regardless of the frame, form or way of expression of the information." 29/30
62 South Korea 2/2 6(1): "The people shall hold the right to request disclosure of information." 4/4 2(1): "The term “information” means the items drawn up or obtained and managed by the public agencies in the course of the performance of their duties, which are recorded in documents, drawings, pictures, films. tapes, slides and media which are processed by computers, etc." 1/2 2(1): "The term “information” means the items drawn up or obtained and managed by the public agencies in the course of the performance of their duties, which are recorded in documents, drawings, pictures, films. tapes, slides and media which are processed by computers, etc." 8/8 2(3): "The term “public agencies” means the state, local government. government—invested institutions pursuant to the provision of Article 2 of the Framework Act on the Management of Government Invested Institutions, and other institutions determined by the Presidential Decree." 4/4 0/4 1/2 2/2 2(3): "The term “public agencies” means the state, local government. government—invested institutions pursuant to the provision of Article 2 of the Framework Act on the Management of Government Invested Institutions, and other institutions determined by the Presidential Decree." 1/2 23/30
63 Netherlands 2/2 Section 3. Paragraph 1.a: \"Anyone may apply to an administrative authority or to an agency, service or company carrying out work for which it is accountable to an administrative authority for information contained in documents concerning an administrative matter.\" 4/4 Section 3. Paragraph 1.a: \"Anyone may apply to an administrative authority or to an agency, service or company carrying out work for which it is accountable to an administrative authority for information contained in documents concerning an administrative matter.\" 2/2 Section 3. Paragraph 1: “Anyone may apply to an administrative authority or to an agency, service or company carrying out work for which it is accountable to an administrative authority for information contained in documents concerning an administrative matter”. 8/8 Section 1.a: \"1. This Act applies to the following administrative authorities: a. Our Ministers; b. the administrative authorities of provinces, municipalities, water boards and regulatory industrial organisations; c. administrative authorities whose activities are subject to the responsibility of the authorities referred to in subsection 1 (a and b); d. such other administrative authorities as are not excluded by order in council.\" 0/4 Section 1.a: \"1. This Act applies to the following administrative authorities: a. Our Ministers; b. the administrative authorities of provinces, municipalities, water boards and regulatory industrial organisations; c. administrative authorities whose activities are subject to the responsibility of the authorities referred to in subsection 1 (a and b); d. such other administrative authorities as are not excluded by order in council.\" 0/4 Section 1.a: \"1. This Act applies to the following administrative authorities: a. Our Ministers; b. the administrative authorities of provinces, mun icipalities, water boards and regulatory industrial organisations; c. administrative authorities whose activities are subject to the responsibility of the authorities referred to in subsection 1 (a and b); d. such other administrative authorities as are not excluded by order in council.\" 2/2 Section 3. Paragraph 1: “Anyone may apply to an administrative authority or to an agency, service or company carrying out work for which it is accountable to an administrative authority for information contained in documents concerning an administrative matter”. 2/2 Section 1.a: \"This Act applies to the following administrative authorities: a. Our Ministers; b. the administrative authorities of provinces, municipalities, water boards and regulatory industrial organisations; c. administrative authorities whose activities are subject to the responsibility of the authorities referred to in subsection 1 (a and b); d. such other administrative authorities as are not excluded by order in council.\" 1/2 Section 3.1: “Anyone may apply to an administrative authority or to an agency, service or company carrying out work for which it is accountable to an administrative authority for information contained in documents concerning an administrative matter.” 21/30
64 Mongolia 1/2 11.1: "A citizen and a legal entity shall be entitled to receive the following information not related to the human rights and freedoms, national security, and lawful interests of organizations prohibited to be released to the public under the laws from the state bodies listed in the section 3.1 of the present law: 11.1.1. All information and documents, and information pertaining to the organization’s contracts and agreements in possession of the organization; 11.1.2. All information pertaining to the goods and items in possession of the organization; 11.1.3. Any other information pertaining to the functioning of the organization." 4.1.1: "a ”citizen” is a citizen of Mongolia as well as a foreign citizen or a stateless person residing in Mongolia lawfully;" 4/4 11.1: "A citizen and a legal entity shall be entitled to receive the following information not related to the human rights and freedoms, national security, and lawful interests of organizations prohibited to be released to the public under the laws from the state bodies listed in the section 3.1 of the present law: 11.1.1. All information and documents, and information pertaining to the organization’s contracts and agreements in possession of the organization; 11.1.2. All information pertaining to the goods and items in possession of the organization; 11.1.3. Any other information pertaining to the functioning of the organization." 2/2 11.1: "A citizen and a legal entity shall be entitled to receive the following information not related to the human rights and freedoms, national security, and lawful interests of organizations prohibited to be released to the public under the laws from the state bodies listed in the section 3.1 of the present law: 11.1.1. All information and documents, and information pertaining to the organization’s contracts and agreements in possession of the organization; 11.1.2. All information pertaining to the goods and items in possession of the organization; 11.1.3. Any other information pertaining to the functioning of the organization." 5/8 3.1: "This law pertains to the central government and local government bodies funded by the state budget: 3.1.1. The Secretariat of the State Great Khural (Parliament); 3.1.2. The Office of the President; 3.1.3. The Cabinet Secretariat; 3.1.4. The Secretariat of the National Security Council (with the exception of the Cabinet); 3.1.5 State central administrative and other state administrative bodies; 3.1.6. Judiciary and state prosecutor’s offices (at all levels); 3.1.7. Bodies and institutions arising from the functioning of the State Great Khural (Parliament) with the exception of the Cabinet; 3.1.8. Local government and elected offices’ secretariats, legal entities funded through local government property partially or entirely; 3.1.9. Legal entities funded through state property partially or entirely; 3.1.10. Non-governmental organizations fulfilling certain functions of the executive branch in accordance with the sub-section 1 of Article 19 of the Law of Mongolia on the Government; and 3.1.11. The Mongolian National Broadcaster Television and Radio." 2/4 3.1.1 : "The Secretariat of the State Great Khural (Parliament);" 3.1.7 : "Bodies and institutions arising from the functioning of the State Great Khural (Parliament) with the exception of the Cabinet;" 4/4 3.1.6 : "Judiciary and state prosecutor’s offices (at all levels);" 2/2 3.1.9 : "Legal entities funded through state property partially or entirely;" 2/2 3.1: "This law pertains to the central government and local government bodies funded by the state budget: 3.1.1. The Secretariat of the State Great Khural (Parliament); 3.1.2. The Office of the President; 3.1.3. The Cabinet Secretariat; 3.1.4. The Secretariat of the National Security Council (with the exception of the Cabinet); 3.1.5 State central administrative and other state administrative bodies; 3.1.6. Judiciary and state prosecutor’s offices (at all levels); 3.1.7. Bodies and institutions arising from the functioning of the State Great Khural (Parliament) with the exception of the Cabinet; 3.1.8. Local government and elected offices’ secretariats, legal entities funded through local government property partially or entirely; 3.1.9. Legal entities funded through state property partially or entirely; 3.1.10. Non-governmental organizations fulfilling certain functions of the executive branch in accordance with the sub-section 1 of Article 19 of the Law of Mongolia on the Government; and 3.1.11. The Mongolian National Broadcaster Television and Radio." 1/2 3.1.10 : "Non-governmental organizations fulfilling certain functions of the executive branch in accordance with the sub-section 1 of Article 19 of the Law of Mongolia on the Government;" 23/30
65 Poland 2/2 Article 2, Section 1:\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"Each person is entitled, with the stipulation of Article 5, to the right of access to public information, hereinafter referred to as “the right to public information”. 4/4 Article 3.\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"1. The right to public information covers the entitlement to: 1) obtain public information, including obtaining information processed within such a frame, in which it is particularly essential for the public interest, 2) insight into the official documents, 3) access to the board meetings of public authorities bodies chosen by general elections, 2. The right to public information covers the entitlement to obtain immediately the information containing the knowledge on present public matters.\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\" 2/2 Article 3.\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"1. The right to public information covers the entitlement to: 1) obtain public information, including obtaining information processed within such a frame, in which it is particularly essential for the public interest, 2) insight into the official documents, 3) access to the board meetings of public authorities bodies chosen by general elections, 2. The right to public information covers the entitlement to obtain immediately the information containing the knowledge on present public matters.\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\" 7/8 Article 4: \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"1. To make the public information available is the obligation of the public authorities as well as other entities performing public functions, in particular: 1) bodies of public authority, 2) bodies of economic and professional local authorities, 3) entities representing the State Treasury in accordance with the separate provisions, 4) entities representing state legal persons or legal persons of local authorities and entities representing other state organisational units or organisation units of local authority, 5) entities representing other persons or organisational units, which perform public functions or dispose of public property as well as legal persons, in which the State Treasury, units of local authority or economic or professional local authority hold dominant position in the understanding of the provisions of competition and consumer protection.\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\" 4/4 Article 4. Section 1: \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"To make the public information available is the obligation of the public authorities as well as other entities performing public functions, in particular: 1) bodies of public authority,[...].\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\" 4/4 Article 4. Section 1: \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"To make the public information available is the obligation of the public authorities as well as other entities performing public functions, in particular: 1) bodies of public authority,[...].\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\" 2/2 Article 6. Section 5: “Public property, including: e) incomes and losses of the commercial companies in which the entities, defined in c. a) – c) hold the dominant position in the understanding of the provisions of the Commercial Companies Code and disposal of this income and the method of covering losses,” 2/2 Article 4: \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"1. To make the public information available is the obligation of the public authorities as well as other entities performing public functions, in particular: 1) bodies of public authority, 2) bodies of economic and professional local authorities, 3) entities representing the State Treasury in accordance with the separate provisions, 4) entities representing state legal persons or legal persons of local authorities and entities representing other state organisational units or organisation units of local authority, 5) entities representing other persons or organisational units, which perform public functions or dispose of public property as well as legal persons, in which the State Treasury, units of local authority or economic or professional local authority hold dominant position in the understanding of the provisions of competition and consumer protection.\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\" 2/2 Article 4. Section 5: \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"entities representing other persons or organisational units, which perform public functions or dispose of public property as well as legal persons, in which the State Treasury, units of local authority or economic or professional local authority hold dominant position in the understanding of the provisions of competition and consumer protection.\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\" 29/30
66 Burkina Faso 1/2 Article 7 : L’accès à l’information publique et aux documents administratifs est garanti et égal pour tous les usagers du service public et de tout organisme investi d’une mission de service public. Toute discrimination fondée notamment sur le sexe, la race, l’origine sociale, l’ethnie, la religion, la profession ou l’opinion politique ou philosophique est interdite. 2/4 Article 3 : La présente loi s\'applique à l’accès à l’information publique et aux documents administratifs détenus par tout organisme de service public dans l\'exercice de ses missions, que leur conservation soit assurée par l\'organisme de service public ou par un tiers. Le droit d’accès ne s’applique qu’à des documents achevés. Article 4 : - document administratif : les documents produits ou reçus, dans le cadre de la mission de service public, par l’Etat, les collectivités territoriales ainsi que par les autres personnes de droit public ou les personnes de droit privé chargées d’une telle mission ; - document inachevé : document imprimé ou existant sur tout autre support de conservation en cours d’élaboration, de finalisation ou de validation ; - information : tout original ou copie d’un document tels que les renseignements, les correspondances, les faits, les opinions, les avis, les mémorandums, les données, les statistiques, les livres, les dessins, les diagrammes, les photographies et les enregistrements quels que soient la forme et le support, qu’il soit en possession ou sous le contrôle du détenteur de l’information à qui la demande a été adressée ; 2/2 Article 4 : - information : tout original ou copie d’un document tels que les renseignements, les correspondances, les faits, les opinions, les avis, les mémorandums, les données, les statistiques, les livres, les dessins, les diagrammes, les photographies et les enregistrements quels que soient la forme et le support, qu’il soit en possession ou sous le contrôle du détenteur de l’information à qui la demande a été adressée ; 8/8 Article 4 : - organisme de service public : tout organisme créé pour satisfaire spécifiquement des besoins d’intérêt général ayant un caractère autre qu’industriel ou commercial, doté de la personnalité juridique et don\'t l’activité est financé majoritairement par l’Etat, les collectivités territoriales ou d’autres organismes de droit public, soit la gestion est soumise à un contrôle par ces derniers, soit l’organe d’administration, de direction ou de surveillance est composé de membres dont plus de la moitié sont désignés par l’Etat, les collectivités territoriales ou d’autres organismes de droit public ; 4/4 Article 4 : - organisme de service public : tout organisme créé pour satisfaire spécifiquement des besoins d’intérêt général ayant un caractère autre qu’industriel ou commercial, doté de la personnalité juridique et don\'t l’activité est financé majoritairement par l’Etat 4/4 Article 4 : - organisme de service public : tout organisme créé pour satisfaire spécifiquement des besoins d’intérêt général ayant un caractère autre qu’industriel ou commercial, doté de la personnalité juridique et don\'t l’activité est financé majoritairement par l’Etat 1/2 Article 4 : - organisme de service public : tout organisme créé pour satisfaire spécifiquement des besoins d’intérêt général ayant un caractère autre qu’industriel ou commercial, doté de la personnalité juridique et don\'t l’activité est financé majoritairement par l’Etat, les collectivités territoriales ou d’autres organismes de droit public, soit la gestion est soumise à un contrôle par ces derniers, soit l’organe d’administration, de direction ou de surveillance est composé de membres dont plus de la moitié sont désignés par l’Etat, les collectivités territoriales ou d’autres organismes de droit public ; 2/2 Article 4 : - organisme de service public : tout organisme créé pour satisfaire spécifiquement des besoins d’intérêt général ayant un caractère autre qu’industriel ou commercial, doté de la personnalité juridique et don\'t l’activité est financé majoritairement par l’Etat, les collectivités territoriales ou d’autres organismes de droit public, soit la gestion est soumise à un contrôle par ces derniers, soit l’organe d’administration, de direction ou de surveillance est composé de membres dont plus de la moitié sont désignés par l’Etat, les collectivités territoriales ou d’autres organismes de droit public ; 1/2 Article 4 : - organisme de service public : tout organisme créé pour satisfaire spécifiquement des besoins d’intérêt général ayant un caractère autre qu’industriel ou commercial, doté de la personnalité juridique et don\'t l’activité est financé majoritairement par l’Etat, les collectivités territoriales ou d’autres organismes de droit public, soit la gestion est soumise à un contrôle par ces derniers, soit l’organe d’administration, de direction ou de surveillance est composé de membres dont plus de la moitié sont désignés par l’Etat, les collectivités territoriales ou d’autres organismes de droit public ; 25/30
67 Norway 2/2 Section 3. Main rule "<...> Any person may apply to an administrative agency for access to case documents, journals and similar registers of that administrative agency." 2/4 Section 3. Main rule "Case documents, journals and similar registers of an administrative agency are public except as otherwise provided by statute or by regulations pursuant thereto. Any person may apply to an administrative agency for access to case documents, journals and similar registers of that administrative agency." Section 4 Definitions "‘Document’ means any logically limited amount of information stored in a medium for subsequent reading, listening, presentation, or transfer or the like. <...>" 1/2 Section 3. Main rule "Case documents, journals and similar registers of an administrative agency are public except as otherwise provided by statute or by regulations pursuant thereto. Any person may apply to an administrative agency for access to case documents, journals and similar registers of that administrative agency." Section 28 "<...> A request for access must relate to a specific case or within reasonable limits to cases of a specific type.<...>" 7/8 Section 2 Scope of the Act "This Act applies to (a) the state, the county authorities and the municipal authorities, (b) any other legal person in cases where it makes individual decisions or issues regulations, <...>" 0/4 Section 2, Paragraph 4 "This Act does not apply to the Storting, the Office of the Auditor General, the Storting's Ombudsman for Public Administration or other institutions of the Storting." 0/4 Section 2, Paragraph 5 "This Act does not apply to the functions of courts of law pursuant to the statutes relating to the administration of justice. Nor does this Act apply to the functions of other public agencies pursuant to the statutes relating to the administration of justice in their capacity as justice administration agencies. Moreover, this Act does not apply to functions exercised by the police or the prosecuting authority pursuant to the Criminal Procedure Act. The King may by regulations make provision in regard to which statutes are to be regarded as statutes relating to the administration of justice, and to the effect that some functions under the statutes relating to the administration of justice shall nonetheless be encompassed by this Act." 2/2 Section 2 "<...> (c) any independent legal person in which the state, county authority or municipal authority directly or indirectly has an equity share that gives it more than half of the votes in the highest body of that legal person, and (d) any independent legal person in which the state, county authority or municipal authority directly or indirectly has the right to elect more than half of the voting members in the highest body of that legal person. Subparagraphs (c) and (d) above do not apply to legal persons which mainly carry on business in direct competition with and on the same conditions as private legal persons. For entities which after public acquisition or the like come under (c) or (d) above, this Act applies from and including the fourth month-end after the month when the conditions were met." 1/2 Section 2. Scope of the Act "This Act applies to (a) the state, the county authorities and the municipal authorities, (b) any other legal person in cases where it makes individual decisions or issues regulations, <...>" 1/2 Section 2. Scope of the Act "This Act applies to <...> (c) any independent legal person in which the state, county authority or municipal authority directly or indirectly has an equity share that gives it more than half of the votes in the highest body of that legal person, and (d) any independent legal person in which the state, county authority or municipal authority directly or indirectly has the right to elect more than half of the voting members in the highest body of that legal person." 16/30
68 Malta 1/2 3."Any eligible person has a right of access to documents held by public authorities in accordance with and subject to the provisions of this Act." 4/4 2. "<...> "document" means any article that is held by a public authority and on which information has been recorded in whatever form, including electronic data, images, scale models and other visual representations, and audio or video recordings, regardless of whether the information can be read, seen, heard or retrieved with or without the aid of any other article or device; <...>" 2/2 3. "Any eligible person has a right of access to documents held by public authorities in accordance with and subject to the provisions of this Act." 3/8 "2. "<...> "public authority"" means: (a) the Government, including any ministry or department thereof; (b) a Government agency established in terms of the Public Administration Act or any other law; and (c) any body established under any law, or any partnership or other body in which the Government of Malta, a Government agency or any such body as aforesaid has a controlling interest or over which it has effective control; 5. (1) Subject to subarticle (2), this Act shall not apply to documents that - (a) are held by a Local Council and are accordingly subject to article 45 of the Local Councils Act; (c) have been transferred to the National Archives in accordance with the National Archives Act; (4) This Act shall not apply to documents held by: (a) the Electoral Commission; (b) the Employment Commission; (c) the Public Service Commission; (d) the Office of the Attorney General; (e) the National Audit Office; (f) the Security Service; or (g) the Broadcasting Authority, in so far as such documents relate to its functions under article 119(1) of the Constitution; or (h) the Ombudsman." 3/4 2. "<..> "public authority"" means: (a) the Government, including any ministry or department thereof; (b) a Government agency established in terms of the Public Administration Act or any other law; and (c) any body established under any law, or any partnership or other body in which the Government of Malta, a Government agency or any such body as aforesaid has a controlling interest or over which it has effective control; 5. (1) Subject to subarticle (2), this Act shall not apply to documents that - (a) are held by a Local Council and are accordingly subject to article 45 of the Local Councils Act; (c) have been transferred to the National Archives in accordance with the National Archives Act; (4) This Act shall not apply to documents held by: (a) the Electoral Commission; (b) the Employment Commission; (c) the Public Service Commission; (d) the Office of the Attorney General; (e) the National Audit Office; (f) the Security Service; or (g) the Broadcasting Authority, in so far as such documents relate to its functions under article 119(1) of the Constitution; or (h) the Ombudsman." 3/4 "2. "<...> "public authority"" means: (a) the Government, including any ministry or department thereof; (b) a Government agency established in terms of the Public Administration Act or any other law; and (c) any body established under any law, or any partnership or other body in which the Government of Malta, a Government agency or any such body as aforesaid has a controlling interest or over which it has effective control; 5. (1) Subject to subarticle (2), this Act shall not apply to documents that - (a) are held by a Local Council and are accordingly subject to article 45 of the Local Councils Act; (c) have been transferred to the National Archives in accordance with the National Archives Act; (4) This Act shall not apply to documents held by: (a) the Electoral Commission; (b) the Employment Commission; (c) the Public Service Commission; (d) the Office of the Attorney General; (e) the National Audit Office; (f) the Security Service; or (g) the Broadcasting Authority, in so far as such documents relate to its functions under article 119(1) of the Constitution; or (h) the Ombudsman." 1/2 "2. "<...> "public authority"" means: (a) the Government, including any ministry or department thereof; (b) a Government agency established in terms of the Public Administration Act or any other law; and (c) any body established under any law, or any partnership or other body in which the Government of Malta, a Government agency or any such body as aforesaid has a controlling interest or over which it has effective control; 5. (1) Subject to subarticle (2), this Act shall not apply to documents that - (a) are held by a Local Council and are accordingly subject to article 45 of the Local Councils Act; (c) have been transferred to the National Archives in accordance with the National Archives Act; (4) This Act shall not apply to documents held by: (a) the Electoral Commission; (b) the Employment Commission; (c) the Public Service Commission; (d) the Office of the Attorney General; (e) the National Audit Office; (f) the Security Service; or (g) the Broadcasting Authority, in so far as such documents relate to its functions under article 119(1) of the Constitution; or (h) the Ombudsman." 0/2 5. "(1) Subject to subarticle (2), this Act shall not apply to documents that - Cap. 363. (a) are held by a Local Council and are accordingly subject to article 45 of the Local Councils Act ; (b) are subject to the Freedom of Access to Information on the Environment Regulations or to any other regulations made under the Environment Protection Act and providing for freedom of access to information; Cap. 477. (c) have been transferred to the National Archives in accordance with the National Archives Act; (d) are accessible to the public under any other law; (e) are available for purchase by the public in accordance with arrangements made by a public authority; or (f) are held by a commercial partnership in which the Government or another public authority has a controlling interest, in so far as the documents in question relate to the commercial activities of the commercial partnership." 2/2 "Article 2, definition of public authority Article 18: 18.* (1) Regulations may be issued under this Act to establish a right of access to information which is held by bodies or persons other than public authorities or the employees thereof, and which pertains to: (a) services provided to the public by such bodies or persons on behalf of the Government or another public authority; or (b) projects or initiatives which are undertaken by such bodies or persons but financed by the Government or another public authority. (2) The giving of access to any information to which subarticle (1) applies shall be subject to the provisions of any regulations made under this Act." 19/30
69 Switzerland 2/2 Article 6 Principle of freedom of information 1.Any person has the right to inspect offici al documents and to obtain information about the content of official documents. 2 The documents may be inspected in situ or a copy thereof may be requested. The legislation governing copyright is reserved. 3 Where an official document has already been published by the Federal Government in paper or electronic format, the rights under paragraphs 1 and 2 above are deemed to have been fulfilled." 2/4 Article 5 (Official Documents): "1. An official document shall be any information: a. which has been recorded, regardless of the medium; b. retained by the authority which issued same or to which it has been communicated; and c. which concern the execution of a public function. 2. Documents which have been produced by means of a simple computerized process from recorded information which meets the requirements pursuant to (a), (b) and (c) above, shall be deemed to be official documents. 3. Not deemed to be official documents are any documents which: a. are used by an authority in a commercial capacity; b. have not been issued; or c. are intended for personal use. " Article 8 (Special Cases): "1. There is no right of access to official documents of joint reporting proceedings. 2 Access to official documents is granted only after the political or administrative decisions based thereon have been taken. <...>" 2/2 Article 6 Principle of freedom of information 1.Any person has the right to inspect offici al documents and to obtain information about the content of official documents. 2 The documents may be inspected in situ or a copy thereof may be requested. The legislation governing copyright is reserved. 3 Where an official document has already been published by the Federal Government in paper or electronic format, the rights under paragraphs 1 and 2 above are deemed to have been fulfilled." 6/8 Article 2: (Personal scope of application): "1. This Act applies to: a. the Federal Administration b. public and private bodies outside the Federal Administration, insofar as they enact legislation or issue first instance rulings within the meaning of Article 5 of the Federal Act of 20 December 1968 3 on Administrative Procedure (Administrative Procedure Act); c. the Parliamentary Services. 2 This Act does not apply to the Swiss National Bank or the Swiss Financial Market Supervisory Authority. <..>" 4/4 Article 2: (Personal scope of application): "1. This Act applies to: <..> c. the Parliamentary Services. <...>" 1/4 Article 2: (Personal scope of application): "1. This Act applies to: a. the Federal Administration b. public and private bodies outside the Federal Administration, insofar as they enact legislation or issue first instance rulings within the meaning of Article 5 of the Federal Act of 20 December 1968 3 on Administrative Procedure (Administrative Procedure Act); c. the Parliamentary Services.<...>" 0/2 1/2 Article 2: (Personal scope of application): "1. This Act applies to: a. the Federal Administration b. public and private bodies outside the Federal Administration, insofar as they enact legislation or issue first instance rulings within the meaning of Article 5 of the Federal Act of 20 December 1968 3 on Administrative Procedure (Administrative Procedure Act); c. the Parliamentary Services. <..>" 1/2 Article 2: (Personal scope of application): "1. This Act applies to: a. the Federal Administration b. public and private bodies outside the Federal Administration, insofar as they enact legislation or issue first instance rulings within the meaning of Article 5 of the Federal Act of 20 December 1968 3 on Administrative Procedure (Administrative Procedure Act); c. the Parliamentary Services. <..>" 19/30
70 Afghanistan 1/2 3.3 Information requester: Is an internal legal entity or natural person requesting the required information from relevant government agencies. 4/4 3.1 Information: Is any type of recorded or registered document and information, model or sample 2/2 3.1 Information: Is any type of recorded or registered document and information, model or sample 7/8 3.6. Institutions: Include ministries, general independent directorates, state commissions, institutions of the three branches of government, local administrations and Provincial, district, village and municipalities councils , assemblies of municipalities, enterprises, government corporations and joint ventures and all other Institutions. 4/4 3.6. Institutions: Include ministries, general independent directorates, state commissions, institutions of the three branches of government, local administrations and Provincial, district, village and municipalities councils , assemblies of municipalities, enterprises, government corporations and joint ventures and all other Institutions. 4/4 3.6. Institutions: Include ministries, general independent directorates, state commissions, institutions of the three branches of government, local administrations and Provincial, district, village and municipalities councils , assemblies of municipalities, enterprises, government corporations and joint ventures and all other Institutions. 2/2 3.6. Institutions: Include ministries, general independent directorates, state commissions, institutions of the three branches of government, local administrations and Provincial, district, village and municipalities councils , assemblies of municipalities, enterprises, government corporations and joint ventures and all other Institutions. 2/2 3.6. Institutions: Include ministries, general independent directorates, state commissions, institutions of the three branches of government, local administrations and Provincial, district, village and municipalities councils , assemblies of municipalities, enterprises, government corporations and joint ventures and all other Institutions. 1/2 3.7. Nongovernmental offices: all organizations and institutions that are formed and operating under the in forced laws of the country out of the framework of the governemt offices. 28. Nongovernmental offices, in order to provide requested information are also obliged to observe the provisions enshrined in this law. 27/30
71 Angola 2/2 7: "1. Everyone shall have the right to information through access to non-personal documents held by public bodies. 2. The right of access to personal documents is restricted to the person to whom the personal data refers and to third parties who can demonstrate direct and personal interest, in terms of the next article. 3. The right of access to documents held by public bodies includes not only the right to obtain reproductions thereof, but also the right to be informed of the existence and the contents thereof. 4. Where documents held by public bodies are kept in archives, this shall not at any time hinder the exercise of the right of access to such documents. 5. Access to documents that form part of unfinished court proceedings or to documents produced in the preparation of a court ruling shall be deferred until the ruling has been taken, the proceedings have been shelved or a year after they were first produced. 6. Access to inquests and inquiries shall be permitted only after the expiry of the period for possible disciplinary proceedings. 7. Access to documents within the domain of notaries or public registers, documents on an individual’s civilian identity and criminal records, documents concerning automatically processed personal data, as well as documents kept in historical archives is governed by separate legislation." 3/4 4(1)(a): "administrative documents: any information media, be it print, audio, visual or digital, or any records of another nature, produced or held directly, indirectly or autonomously by public bodies, to wit, case files, reports, studies, opinion pieces, minutes, official records, circulars, ministerial memoranda, internal orders, internal normative decisions, instructions and guidelines for the interpretation of the law or setting the framework for an activity, as well as other pieces of information;" 4(2): "For the purposes of this law, the following shall not be deemed to be documents held by public bodies: a) personal annotations and other notes, sketches or other records of a similar nature; b) documents whose production does not arise from the activities of public bodies, in particular documents with reference to meetings of the Council of Ministers [Cabinet] as well as the preparation of such meetings." 2/2 4(1)(a): "administrative documents: any information media, be it print, audio, visual or digital, or any records of another nature, produced or held directly, indirectly or autonomously by public bodies, to wit, case files, reports, studies, opinion pieces, minutes, official records, circulars, ministerial memoranda, internal orders, internal normative decisions, instructions and guidelines for the interpretation of the law or setting the framework for an activity, as well as other pieces of information;" 7/8 7(7): "Access to documents within the domain of notaries or public registers, documents on an individual’s civilian identity and criminal records, documents concerning automatically processed personal data, as well as documents kept in historical archives is governed by separate legislation." 1/4 1/4 1/2 Petroleum Activites Act 10/04 art. 77: "1. The supervising Ministry, as well as the persons or entities which cooperate with it, shall keep confidential all data or information of a technical, economic, accounting or other nature supplied by licensees, the National Concessionaire and its associates. 2. The licensees, the National Concessionaire and its associates, as well as the persons or entities which cooperate with them, shall keep confidential all data or information supplied by the supervising Ministry. 3. The duty of confidentiality in respect of the information referred to in this Article shall expire after the period set forth in the relevant license or Concession Decree. 4. The provisions of this Article shall not be applicable whenever such data or information is to be provided to other entities as a requirement of the law, namely for budget and statistical purposes." 2/2 1/2 3: "The documents referred to in the next article are documents that originate or are held by institutions of the State that have government functions and bodies of public institutions as well as statutory societies and other entities that exercise public authority in terms of the law." 20/30
72 Thailand 1/2 Section 9. "Subject to section 14 and section 15, a State agen cy shall make available at least the following official information for public inspection in accor dance with the rules and procedure prescribed by th e Board:(...) (8) such other information as determined by t he Board. If any part of the information made available for public inspection under paragraph one is prohi bited from disclosure under section 14 or section 15, it shall be deleted, omitted or effected in such other mann ers whatsoever so as not to disclose such part of the information. A person, whether interested in the matter co ncerned or not, has the right to inspect or obtain a copy or a certified copy of the information under paragraph o ne. In an appropriate case, a State agency may, wit h the approval of the Board, lay down the rules on the collection of fees therefor. For this purpose, regard shall al so be had to the making of concession given to persons with low inco mes, unless otherwise provided by specific law. The extent to which an alien may enjoy the ri ght under this section shall be provided by the Min isterial Regulation." 4/4 Section 4. In this Act: "information" means a material which communic ates matters, facts, data or anything, whether such communication is made by the nature of such materia l itself or through any means whatsoever and whethe r it is arranged in the form of a document, file, report, b ook, diagramme, map, drawing, photograph, film, vis ual or sound recording, or recording by a computer or any other method which can be displayed; "official information" means an information i n possession or control of a State agency, whether it is the information relating to the operation of the State or the information relating to a private individual ; "State agency" means a central administration , provincial administration. local administration, State enterprise, Government agency attached to the National Assembly , Court only in respect of the affairs unassociated with the trial and adjudication of cases, professional super visory organisation, independent agency of the Stat e and such other agency as prescribed in the Ministerial Regulation; "State official" means a person performing of ficial duty for a State agency; "personal information" means an information r elating to all the personal particulars of a person , such as education, financial status, health record, crimina l record or employment record, which contain the na me of such person or contain a numeric reference, code or such other indications identifying that person as finge rprint. tape or diskette in which a person's sound is recorded, or photograph, and shall also include information rela ting to personal particulars of the deceased; "Board" means the Official Information Board; "alien" means a natural person who is not of Thai nationality and does not have a residence in T hailand, and the following juristic persons: (1) a company or partnership more than one-ha lf of the capital of which belongs to aliens; provi ded that a certificate of share to bearer shall be deemed to b e held by an alien; (2) an association more than one-half of memb ers of which are aliens; (3) an association or foundation the objects of which are for the benefit of aliens; (4) a juristic person under (1), (2) or (3) o r any other juristic person more than one-half of m anagers or directors of which are aliens. If the juristic person under paragraph one be comes a manager, director, member or owner of the c apital of another juristic person, such manager, director, me mber or owner of the capital shall be deemed an alien 2/2 Section 4. In this Act: "information" means a material which communic ates matters, facts, data or anything, whether such communication is made by the nature of such materia l itself or through any means whatsoever and whethe r it is arranged in the form of a document, file, report, b ook, diagramme, map, drawing, photograph, film, vis ual or sound recording, or recording by a computer or any other method which can be displayed; "official information" means an information i n possession or control of a State agency, whether it is the information relating to the operation of the State or the information relating to a private individual ; "State agency" means a central administration , provincial administration. local administration, State enterprise, Government agency attached to the National Assembly , Court only in respect of the affairs unassociated with the trial and adjudication of cases, professional super visory organisation, independent agency of the Stat e and such other agency as prescribed in the Ministerial Regulation; "State official" means a person performing of ficial duty for a State agency; "personal information" means an information r elating to all the personal particulars of a person , such as education, financial status, health record, crimina l record or employment record, which contain the na me of such person or contain a numeric reference, code or such other indications identifying that person as finge rprint. tape or diskette in which a person's sound is recorded, or photograph, and shall also include information rela ting to personal particulars of the deceased; "Board" means the Official Information Board; "alien" means a natural person who is not of Thai nationality and does not have a residence in T hailand, and the following juristic persons: (1) a company or partnership more than one-ha lf of the capital of which belongs to aliens; provi ded that a certificate of share to bearer shall be deemed to b e held by an alien; (2) an association more than one-half of memb ers of which are aliens; (3) an association or foundation the objects of which are for the benefit of aliens; (4) a juristic person under (1), (2) or (3) o r any other juristic person more than one-half of m anagers or directors of which are aliens. If the juristic person under paragraph one be comes a manager, director, member or owner of the c apital of another juristic person, such manager, director, me mber or owner of the capital shall be deemed an alien 8/8 Section 4. In this Act: "information" means a material which communic ates matters, facts, data or anything, whether such communication is made by the nature of such materia l itself or through any means whatsoever and whethe r it is arranged in the form of a document, file, report, b ook, diagramme, map, drawing, photograph, film, vis ual or sound recording, or recording by a computer or any other method which can be displayed; "official information" means an information i n possession or control of a State agency, whether it is the information relating to the operation of the State or the information relating to a private individual ; "State agency" means a central administration , provincial administration. local administration, State enterprise, Government agency attached to the National Assembly , Court only in respect of the affairs unassociated with the trial and adjudication of cases, professional super visory organisation, independent agency of the Stat e and such other agency as prescribed in the Ministerial Regulation; "State official" means a person performing of ficial duty for a State agency; "personal information" means an information r elating to all the personal particulars of a person , such as education, financial status, health record, crimina l record or employment record, which contain the na me of such person or contain a numeric reference, code or such other indications identifying that person as finge rprint. tape or diskette in which a person's sound is recorded, or photograph, and shall also include information rela ting to personal particulars of the deceased; "Board" means the Official Information Board; "alien" means a natural person who is not of Thai nationality and does not have a residence in T hailand, and the following juristic persons: (1) a company or partnership more than one-ha lf of the capital of which belongs to aliens; provi ded that a certificate of share to bearer shall be deemed to b e held by an alien; (2) an association more than one-half of memb ers of which are aliens; (3) an association or foundation the objects of which are for the benefit of aliens; (4) a juristic person under (1), (2) or (3) o r any other juristic person more than one-half of m anagers or directors of which are aliens. If the juristic person under paragraph one be comes a manager, director, member or owner of the c apital of another juristic person, such manager, director, me mber or owner of the capital shall be deemed an alien 4/4 Section 4. In this Act: "information" means a material which communic ates matters, facts, data or anything, whether such communication is made by the nature of such materia l itself or through any means whatsoever and whethe r it is arranged in the form of a document, file, report, b ook, diagramme, map, drawing, photograph, film, vis ual or sound recording, or recording by a computer or any other method which can be displayed; "official information" means an information i n possession or control of a State agency, whether it is the information relating to the operation of the State or the information relating to a private individual ; "State agency" means a central administration , provincial administration. local administration, State enterprise, Government agency attached to the National Assembly , Court only in respect of the affairs unassociated with the trial and adjudication of cases, professional super visory organisation, independent agency of the Stat e and such other agency as prescribed in the Ministerial Regulation; "State official" means a person performing of ficial duty for a State agency; "personal information" means an information r elating to all the personal particulars of a person , such as education, financial status, health record, crimina l record or employment record, which contain the na me of such person or contain a numeric reference, code or such other indications identifying that person as finge rprint. tape or diskette in which a person's sound is recorded, or photograph, and shall also include information rela ting to personal particulars of the deceased; "Board" means the Official Information Board; "alien" means a natural person who is not of Thai nationality and does not have a residence in T hailand, and the following juristic persons: (1) a company or partnership more than one-ha lf of the capital of which belongs to aliens; provi ded that a certificate of share to bearer shall be deemed to b e held by an alien; (2) an association more than one-half of memb ers of which are aliens; (3) an association or foundation the objects of which are for the benefit of aliens; (4) a juristic person under (1), (2) or (3) o r any other juristic person more than one-half of m anagers or directors of which are aliens. If the juristic person under paragraph one be comes a manager, director, member or owner of the c apital of another juristic person, such manager, director, me mber or owner of the capital shall be deemed an alien 1/4 Section 4. In this Act: "information" means a material which communic ates matters, facts, data or anything, whether such communication is made by the nature of such materia l itself or through any means whatsoever and whethe r it is arranged in the form of a document, file, report, b ook, diagramme, map, drawing, photograph, film, vis ual or sound recording, or recording by a computer or any other method which can be displayed; "official information" means an information i n possession or control of a State agency, whether it is the information relating to the operation of the State or the information relating to a private individual ; "State agency" means a central administration , provincial administration. local administration, State enterprise, Government agency attached to the National Assembly , Court only in respect of the affairs unassociated with the trial and adjudication of cases, professional super visory organisation, independent agency of the Stat e and such other agency as prescribed in the Ministerial Regulation; "State official" means a person performing of ficial duty for a State agency; "personal information" means an information r elating to all the personal particulars of a person , such as education, financial status, health record, crimina l record or employment record, which contain the na me of such person or contain a numeric reference, code or such other indications identifying that person as finge rprint. tape or diskette in which a person's sound is recorded, or photograph, and shall also include information rela ting to personal particulars of the deceased; "Board" means the Official Information Board; "alien" means a natural person who is not of Thai nationality and does not have a residence in T hailand, and the following juristic persons: (1) a company or partnership more than one-ha lf of the capital of which belongs to aliens; provi ded that a certificate of share to bearer shall be deemed to b e held by an alien; (2) an association more than one-half of memb ers of which are aliens; (3) an association or foundation the objects of which are for the benefit of aliens; (4) a juristic person under (1), (2) or (3) o r any other juristic person more than one-half of m anagers or directors of which are aliens. If the juristic person under paragraph one be comes a manager, director, member or owner of the c apital of another juristic person, such manager, director, me mber or owner of the capital shall be deemed an alien 2/2 Section 4. In this Act: "information" means a material which communic ates matters, facts, data or anything, whether such communication is made by the nature of such materia l itself or through any means whatsoever and whethe r it is arranged in the form of a document, file, report, b ook, diagramme, map, drawing, photograph, film, vis ual or sound recording, or recording by a computer or any other method which can be displayed; "official information" means an information i n possession or control of a State agency, whether it is the information relating to the operation of the State or the information relating to a private individual ; "State agency" means a central administration , provincial administration. local administration, State enterprise, Government agency attached to the National Assembly , Court only in respect of the affairs unassociated with the trial and adjudication of cases, professional super visory organisation, independent agency of the Stat e and such other agency as prescribed in the Ministerial Regulation; "State official" means a person performing of ficial duty for a State agency; "personal information" means an information r elating to all the personal particulars of a person , such as education, financial status, health record, crimina l record or employment record, which contain the na me of such person or contain a numeric reference, code or such other indications identifying that person as finge rprint. tape or diskette in which a person's sound is recorded, or photograph, and shall also include information rela ting to personal particulars of the deceased; "Board" means the Official Information Board; "alien" means a natural person who is not of Thai nationality and does not have a residence in T hailand, and the following juristic persons: (1) a company or partnership more than one-ha lf of the capital of which belongs to aliens; provi ded that a certificate of share to bearer shall be deemed to b e held by an alien; (2) an association more than one-half of memb ers of which are aliens; (3) an association or foundation the objects of which are for the benefit of aliens; (4) a juristic person under (1), (2) or (3) o r any other juristic person more than one-half of m anagers or directors of which are aliens. If the juristic person under paragraph one be comes a manager, director, member or owner of the c apital of another juristic person, such manager, director, me mber or owner of the capital shall be deemed an alien 2/2 Section 4. In this Act: "information" means a material which communic ates matters, facts, data or anything, whether such communication is made by the nature of such materia l itself or through any means whatsoever and whethe r it is arranged in the form of a document, file, report, b ook, diagramme, map, drawing, photograph, film, vis ual or sound recording, or recording by a computer or any other method which can be displayed; "official information" means an information i n possession or control of a State agency, whether it is the information relating to the operation of the State or the information relating to a private individual ; "State agency" means a central administration , provincial administration. local administration, State enterprise, Government agency attached to the National Assembly , Court only in respect of the affairs unassociated with the trial and adjudication of cases, professional super visory organisation, independent agency of the Stat e and such other agency as prescribed in the Ministerial Regulation; "State official" means a person performing of ficial duty for a State agency; "personal information" means an information r elating to all the personal particulars of a person , such as education, financial status, health record, crimina l record or employment record, which contain the na me of such person or contain a numeric reference, code or such other indications identifying that person as finge rprint. tape or diskette in which a person's sound is recorded, or photograph, and shall also include information rela ting to personal particulars of the deceased; "Board" means the Official Information Board; "alien" means a natural person who is not of Thai nationality and does not have a residence in T hailand, and the following juristic persons: (1) a company or partnership more than one-ha lf of the capital of which belongs to aliens; provi ded that a certificate of share to bearer shall be deemed to b e held by an alien; (2) an association more than one-half of memb ers of which are aliens; (3) an association or foundation the objects of which are for the benefit of aliens; (4) a juristic person under (1), (2) or (3) o r any other juristic person more than one-half of m anagers or directors of which are aliens. If the juristic person under paragraph one be comes a manager, director, member or owner of the c apital of another juristic person, such manager, director, me mber or owner of the capital shall be deemed an alien 0/2 24/30
73 Ivory Coast 2/2 Article 3 : Toute personne physique ou morale a le droit d’accéder, sans discrimination, à des informations d’intérêt public et documents publics détenus par les organismes publics. Article 11 : Toute personne qui souhaite accéder aux informations et aux documents publics présente une requête écrite à l’organisme concerné dans laquelle elle décline son identité et sa qualité. La requête est rédigée en langue française et comporte des données permettant raisonnablement d’identifier l’information recherchée. Un accusé de réception est délivré au requérant. Lorsque la demande n’est pas suffisamment précise ou lorsqu’une personne requiert une assistance pour identifier le document susceptible de contenir les renseignements recherchés, le responsable est tenu de lui prêter son concours. Le requérant n’est pas tenu de motiver sa demande. 2/4 Article 1 : Au sens de la présente loi, on entend par : document définitif : tout document dont l’élaboration est achevée et susceptible d’être porté à la connaissance du public ; document public : tout document quel qu’en soit la date, le lieu de conservation, le support, produit, reçu ou détenu dans le cadre de l’exercice de leurs fonctions par les organismes publics ; information d’intérêt public : toute donnée ou connaissance, quelle qu’en soit la forme, produite, reçue, détenue, transformée ou préservée par les organismes publics. Organismes publics : l’Etat et ses démembrements ; les autorités judiciaires dans la mesure où elles accomplissent des fonctions administratives selon la législation en vigueur ; les personnes morales de droit privé qui fournissent des services publics ou qui remplissent une mission de service ou d’intérêt public en vertu d’une concession, délégation ou autorisation de la part de l’Etat. Article 3 : Toute personne physique ou morale a le droit d’accéder, sans discrimination, à des informations d’intérêt public et documents publics détenus par les organismes publics. Article 6 : Les documents publics sont communicables, notamment les dossiers,rapports, études, documents d’orientation ou de politiques publiques, comptes rendus, procès-verbaux, statistiques, directives, instructions, circulaires, notes de service, avis, prévisions, décisions et réponses ministérielles qui comportent une interprétation du droit ou une description des procédures administratives. Article 7 : Le droit à la communication s’applique aux documents définitifs. Le dépôt aux archives publiques des documents communicables ne fait pas obstacle au droit à la communication desdits documents. Article 11 :Toute personne qui souhaite accéder aux informations et aux documents publics présente une requête écrite à l’organisme concerné dans laquelle elle décline son identité et sa qualité. La requête est rédigée en langue française et comporte des données permettant raisonnablement d’identifier l’information recherchée. Un accusé de réception est délivré au requérant. Lorsque la demande n’est pas suffisamment précise ou lorsqu’une personne requiert une assistance pour identifier le document susceptible de contenir les renseignements recherchés, le responsable est tenu de lui prêter son concours. Le requérant n’est pas tenu de motiver sa demande. 2/2 Article 3 : Toute personne physique ou morale a le droit d’accéder, sans discrimination, à des informations d’intérêt public et documents publics détenus par les organismes publics. Article 11 : Toute personne qui souhaite accéder aux informations et aux documents publics présente une requête écrite à l’organisme concerné dans laquelle elle décline son identité et sa qualité. La requête est rédigée en langue française et comporte des données permettant raisonnablement d’identifier l’information recherchée. Un accusé de réception est délivré au requérant. Lorsque la demande n’est pas suffisamment précise ou lorsqu’une personne requiert une assistance pour identifier le document susceptible de contenir les renseignements recherchés, le responsable est tenu de lui prêter son concours. Le requérant n’est pas tenu de motiver sa demande. 5/8 Article 1 : Au sens de la présente loi, on entend par : document définitif : tout document dont l’élaboration est achevée et susceptible d’être porté à la connaissance du public ; document public : tout document quel qu’en soit la date, le lieu de conservation, le support, produit, reçu ou détenu dans le cadre de l’exercice de leurs fonctions par les organismes publics ; information d’intérêt public : toute donnée ou connaissance, quelle qu’en soit la forme, produite, reçue, détenue, transformée ou préservée par les organismes publics. Organismes publics : l’Etat et ses démembrements ; les autorités judiciaires dans la mesure où elles accomplissent des fonctions administratives selon la législation en vigueur ; les personnes morales de droit privé qui fournissent des services publics ou qui remplissent une mission de service ou d’intérêt public en vertu d’une concession, délégation ou autorisation de la part de l’Etat. 0/4 2/4 Article 1 : Au sens de la présente loi, on entend par : document définitif : tout document dont l’élaboration est achevée et susceptible d’être porté à la connaissance du public ; document public : tout document quel qu’en soit la date, le lieu de conservation, le support, produit, reçu ou détenu dans le cadre de l’exercice de leurs fonctions par les organismes publics ; information d’intérêt public : toute donnée ou connaissance, quelle qu’en soit la forme, produite, reçue, détenue, transformée ou préservée par les organismes publics. Organismes publics : l’Etat et ses démembrements ; les autorités judiciaires dans la mesure où elles accomplissent des fonctions administratives selon la législation en vigueur ; les personnes morales de droit privé qui fournissent des services publics ou qui remplissent une mission de service ou d’intérêt public en vertu d’une concession, délégation ou autorisation de la part de l’Etat. 0/2 0/2 2/2 Article 1 : Au sens de la présente loi, on entend par : document définitif : tout document dont l’élaboration est achevée et susceptible d’être porté à la connaissance du public ; document public : tout document quel qu’en soit la date, le lieu de conservation, le support, produit, reçu ou détenu dans le cadre de l’exercice de leurs fonctions par les organismes publics ; information d’intérêt public : toute donnée ou connaissance, quelle qu’en soit la forme, produite, reçue, détenue, transformée ou préservée par les organismes publics. Organismes publics : l’Etat et ses démembrements ; les autorités judiciaires dans la mesure où elles accomplissent des fonctions administratives selon la législation en vigueur ; les personnes morales de droit privé qui fournissent des services publics ou qui remplissent une mission de service ou d’intérêt public en vertu d’une concession, délégation ou autorisation de la part de l’Etat. 15/30
74 Niger 2/2 4: " L’accès à l’information publique est libre, sous réserve des exceptions et délais prévus par la loi. L’information publique est communicable de plein droit aux personnes qui en font la requête dans les conditions prévues par la présente ordonnance." 4/4 2: " Par information publique, il faut entendre toutes données ou toutes connaissances produites ou reçues, dans le cadre de leurs missions, par les services publics, acquises par l’étude ou l’expérience, sous la forme d’écrits, de graphiques ou présentées sur des supports audio, vidéo et audiovisuels. Au sens de la présente ordonnance, les services publics sont les organismes investis d’une mission d’intérêt général ou toute a utre personne de droit public ou de droit privé chargée d’une telle mission." 2/2 2: " Par information publique, il faut entendre toutes données ou toutes connaissances produites ou reçues, dans le cadre de leurs missions, par les services publics, acquises par l’étude ou l’expérience, sous la forme d’écrits, de graphiques ou présentées sur des supports audio, vidéo et audiovisuels. Au sens de la présente ordonnance, les services publics sont les organismes investis d’une mission d’intérêt général ou toute a utre personne de droit public ou de droit privé chargée d’une telle mission." 8/8 2: " Par information publique, il faut entendre toutes données ou toutes connaissances produites ou reçues, dans le cadre de leurs missions, par les services publics, acquises par l’étude ou l’expérience, sous la forme d’écrits, de graphiques ou présentées sur des supports audio, vidéo et audiovisuels. Au sens de la présente ordonnance, les services publics sont les organismes investis d’une mission d’intérêt général ou toute a utre personne de droit public ou de droit privé chargée d’une telle mission." 3: " Sous réserve des dispositions des articles 13, 14, et 18 ci-dessous, les organismes publics et les organismes de droit privé chargés d’une mission de service public, détenant des documents ou informations prés entant un intérêt pour le public, sont tenus de les mettre à sa disposition. Les conditions de mise à disposition de ces informations sont déterminées par décret." 0/4 0/4 0/2 2/2 1/2 2: " Par information publique, il faut entendre toutes données ou toutes connaissances produites ou reçues, dans le cadre de leurs missions, par les services publics, acquises par l’étude ou l’expérience, sous la forme d’écrits, de graphiques ou présentées sur des supports audio, vidéo et audiovisuels. Au sens de la présente ordonnance, les services publics sont les organismes investis d’une mission d’intérêt général ou toute a utre personne de droit public ou de droit privé chargée d’une telle mission." 19/30
75 Ecuador 1/2 4/4 ARTICLE 5 Información Pública. - Se considera información pública todo documento en cualquier formato, que se encuentre en poder de las instituciones públicas y de las personas jurídicas a las que se refiere esta Ley, contenidos, creados u obtenidos por ellas, que se encuentren bajo su responsabilidad o se hayan producido con recursos del Estado. 0/2 ARTICLE 20 Límites de la Publicidad de la Información. - La solicitud de acceso a la información no implica la obligación de las entidades de la administración pública y demás entes señalados en el artículo 1 de la presente Ley, a crear o producir información, con la que no dispongan o no tengan obligación de contar al momento de efectuarse el pedido. En este caso, la institución o entidad comunicará por escrito que la denegación de la solicitud se debe a la inexistencia de datos en su poder, respecto de la información solicitada. Esta Ley tampoco faculta a los peticionarios a exigir a las entidades que efectúen evaluaciones o análisis de la información que pos ean, salvo aquellos que por sus objetivos institucionales deban producir. No se entenderá producción de información, a la recopilación o compilación de información que estuviese dispersa en los diversos departamentos o áreas de la institución, para fines de proporcionar resúmenes, cifras estadísticas o índices solicitados por el peticionario. 8/8 ARTICLE 1 Principio de Publicidad de la Información Pública. - El acceso a la información pública es un derecho de las personas que garantiz a el Estado. Toda la información que emane o que esté en poder de las instituciones, organismos y entidades, personas jurídicas de derecho público o privado que, para el tema materia de la información tengan participación del Estado o sean concesionarios de este, en cualquiera de sus modalidades, conforme lo dispone la Ley Orgánica de la Contraloría General del Estado, las organizaciones de trabajadores y servidores de las instituciones del Estado, instituciones de educación superior que perciban rentas del Estado, las denominadas organizaciones no gubernamentales (ONG), están sometidas al principio de publicidad; por lo tanto, toda información que posean es pública, salvo las excepciones establecidas en esta Ley. 4/4 Art. 3.- Ambito de Aplicación de la Ley.- Esta Ley es aplicable a: a) Los organismos y en tidades que conforman el sector público en los térm inos del artículo 118 de la Constitución Po lítica de la República; b) Los entes señalados en el artículo 1 de la presente Ley; c) Las personas jurídicas cuyas acciones o participaciones pertenezcan en todo o en parte al Estado, exclusivamente sobre el destino y manejo de recursos del Estado; d) El derecho de acceso a la información de los diputados de la República se rige conforme a lo dispuesto en la Constitución Política de la República, en la Ley Or gánica de la Función Legislativa y su Reglamento Interno; e) Las corporaciones, fundaciones y organismos no gubernamentales (ONG's) aunque tengan el carácter de privadas y sean encargadas de la provisión o administración de bienes o servicios públicos, que mantengan convenios, contratos o cualquier forma contractual con instituciones públicas y/u organismos internacionales, siempre y cuando la finalidad de su función sea pública; f) Las personas jurídicas de derecho privado, que sean delegatorias o concesionarias o cualquier otra forma contractual de servicios públicos del Estado, en los términos del respectivo contrato; g) Las personas jurídicas de derecho privado, que realicen gestiones públicas o se financien parcial o totalmente con recurs os públicos y únicamente en lo relacionado con dichas gestiones o con las acciones o actividades a las que se destinen tales recursos; y, h) Las personas jurídica s de derecho privado que posean información pública en los términos de esta Ley. ARTICLE 118 La Función Legislativa se ejerce por la Asamblea Nacional, que se integrará por asambleístas elegidos para un periodo de cuatro años. La Asamblea Nacional es unicameral y tendrá su sede en Quito. Excepcionalmente podrá reunirse en cualquier parte del territorio nacional. La Asamblea Nacional se integrará por: 1. Quince asambleístas elegidos en circunscripción nacional. 2. Dos asambleístas elegidos por cada provincia, y uno más por cada doscientos mil habitantes o fracción que supere los ciento cincuenta mil, de acuerdo al último censo nacional de la población. 3. La ley determinará la elección de asambleístas de regiones, de distritos metropolitanos, y de la circunscripción del exterior. 4/4 ARTICLE 1 Principio de Publicidad de la Información Pública. - El acceso a la información pública es un derecho de las personas que garantiza el Estado. Toda la información que emane o que esté en poder de las instituciones, organismos y entidades, personas jurídicas de derecho público o privado que, para el tema materia de la información tengan participación del Estado o sean concesionarios de este, en cualquiera de sus modalidades, conforme lo dispone la Ley Orgánica de la Contraloría General del Estado, las organizaciones de trabajadores y servidores de las instituciones del Estado, instituciones de educación superior que perciban rentas del Estado, las denominadas organizaciones no gubernamentales (ONG), están sometidas al principio de publicidad; por lo tanto, toda información que posean es pública, salvo las excepciones establecidas en esta Ley. 2/2 ARTICLE 1 Principio de Publicidad de la Información Pública. - El acceso a la información pública es un derecho de las personas que garantiza el Estado. Toda la información que emane o que esté en poder de las instituciones, organismos y entidades, personas jurídicas de derecho público o privado que, para el tema materia de la información tengan participación del Estado o sean concesionarios de este, en cualquiera de sus modalidades, conforme lo dispone la Ley Orgánica de la Contraloría General del Estado, las organizaciones de trabajadores y servidores de las instituciones del Estado, instituciones de educación superior que perciban rentas del Estado, las denominadas organizaciones no gubernamentales (ONG), están sometidas al principio de publicidad; por lo tanto, toda información que posean es pública, salvo las excepciones establecidas en esta Ley. 2/2 ARTICLE 1 Principio de Publicidad de la Información Pública. - El acceso a la información pública es un derecho de las personas que garantiza el Estado. Toda la información que emane o que esté en poder de las instituciones, organismos y entidades, personas jurídicas de derecho público o privado que, para el tema materia de la información tengan participación del Estado o sean concesionarios de este, en cualquiera de sus modalidades, conforme lo dispone la Ley Orgánica de la Contraloría General del Estado, las organizaciones de trabajadores y servidores de las instituciones del Estado, instituciones de educación superior que perciban rentas del Estado, las denominadas organizaciones no gubernamentales (ONG), están sometidas al principio de publicidad; por lo tanto, toda información que posean es pública, salvo las excepciones establecidas en esta Ley. 2/2 ARTICLE 1 Principio de Publicidad de la Información Pública. - El acceso a la información pública es un derecho de las personas que garantiza el Estado. Toda la información que emane o que esté en poder de las instituciones, organismos y entidades, personas jurídicas de derecho público o privado que, para el tema materia de la información tengan participación del Estado o sean concesionarios de este, en cualquiera de sus modalidades, conforme lo dispone la Ley Orgánica de la Contraloría General del Estado, las organizaciones de trabajadores y servidores de las instituciones del Estado, instituciones de educación superior que perciban rentas del Estado, las denominadas organizaciones no gubernamentales (ONG), están sometidas al principio de publicidad; por lo tanto, toda información que posean es pública, salvo las excepciones establecidas en esta Ley. ARTICLE 3 Ambito de Aplicación de la Ley. - Esta Ley es aplicable a:(...) c) Las personas jurídicas cuyas acciones o participaciones pertenezcan en todo o en parte al Estado, exclusivamente sobre el destino y manejo de recursos del Estado;(...) e) Las corporaciones, fundaciones y organismos no gubernamentales (ONG) aunque tengan el carácter de privadas y sean encargadas de la provisión o administración de bienes o servicios públicos, que mantengan convenios, contratos o cualquier forma contractual con instituciones públicas y/u organismos internacionales, siempre y cuando la finalidad de su función sea pública;(...) g)Las personas jurídicas de derecho privado, que realicen gestiones públicas o se financien parcial o totalmente con recursos públicos y únicamente en lo relacionado con dichas gestiones o con las acciones o actividades a las que se destinen tales recursos;(...) 27/30
76 Portugal 2/2 Art 5. "Everyone shall possess the right of access to administrative documents without the need to state any interest, to include the rights of consultation, reproduction, and information as to the administrative documents’ existence and content." 4/4 Art 3. 1 a) “Administrative document”: any information medium in written, visual, aural, electronic or other material form, which is in the possession, or is held on behalf, of the bodies and entities referred to by the following Article;" 1/2 Article 1: "Access to and the re-use of administrative documents shall be ensured in accordance with the principles of publicity, transparency, equality, justice, and impartiality." 7/8 4.1. "The present Law shall apply to the following bodies and entities: a) Bodies which belong to the State and the autonomous regions and form part of the Public Administration; b) Other bodies which belong to the State and the autonomous regions, to the extent to which they perform materially administrative functions; c) Bodies which belong to public institutes and public associations and foundations; d) Bodies which belong to state-owned companies: e) Bodies which belong to local authorities and to their associations and federations; f) Bodies which belong to regional, inter-municipal and municipal companies; g) Other bodies which engage in administrative functions or exercise public authority." Article 2.5 "Access to documents kept by notaries public or in official registries, to civil and criminal identification documents, and to documents deposited in historical archives shall be governed by specific legislation." 1/4 4.1. "The present Law shall apply to the following bodies and entities: a) Bodies which belong to the State and the autonomous regions and form part of the Public Administration; b) Other bodies which belong to the State and the autonomous regions, to the extent to which they perform materially administrative functions; c) Bodies which belong to public institutes and public associations and foundations; d) Bodies which belong to state-owned companies: e) Bodies which belong to local authorities and to their associations and federations; f) Bodies which belong to regional, inter-municipal and municipal companies; g) Other bodies which engage in administrative functions or exercise public authority." Article 2.5 "Access to documents kept by notaries public or in official registries, to civil and criminal identification documents, and to documents deposited in historical archives shall be governed by specific legislation." 1/4 4.1. "The present Law shall apply to the following bodies and entities: a) Bodies which belong to the State and the autonomous regions and form part of the Public Administration; b) Other bodies which belong to the State and the autonomous regions, to the extent to which they perform materially administrative functions; c) Bodies which belong to public institutes and public associations and foundations; d) Bodies which belong to state-owned companies: e) Bodies which belong to local authorities and to their associations and federations; f) Bodies which belong to regional, inter-municipal and municipal companies; g) Other bodies which engage in administrative functions or exercise public authority." Article 2.5 "Access to documents kept by notaries public or in official registries, to civil and criminal identification documents, and to documents deposited in historical archives shall be governed by specific legislation." 2/2 Art. 4.1. "The present Law shall apply to the following bodies and entities: a) Bodies which belong to the State and the autonomous regions and form part of the Public Administration; b) Other bodies which belong to the State and the autonomous regions, to the extent to which they perform materially administrative functions; c) Bodies which belong to public institutes and public associations and foundations; d) Bodies which belong to state-owned companies: e) Bodies which belong to local authorities and to their associations and federations; f) Bodies which belong to regional, inter-municipal and municipal companies; g) Other bodies which engage in administrative functions or exercise public authority. 2. The provisions of the present Law shall also apply to documents held or drawn up by any body which possesses legal personality and has been created to fulfil needs of general interest that do not possess an industrial or commercial nature in a specific manner, and to which any of the following circumstances applies: a) The majority of the funding for the body’s activities is provided by any of the entities referred to by the previous paragraph or the present paragraph; b) The body’s management is subject to a control by any of the entities referred to by the previous paragraph or the present paragraph; c) More than half the members of the body’s management or supervisory boards are appointed by any of the entities referred to by the previous paragraph or the present paragraph." 2/2 Art. 4.1. "The present Law shall apply to the following bodies and entities: a) Bodies which belong to the State and the autonomous regions and form part of the Public Administration; b) Other bodies which belong to the State and the autonomous regions, to the extent to which they perform materially administrative functions; c) Bodies which belong to public institutes and public associations and foundations; d) Bodies which belong to state-owned companies: e) Bodies which belong to local authorities and to their associations and federations; f) Bodies which belong to regional, inter-municipal and municipal companies; g) Other bodies which engage in administrative functions or exercise public authority. 2. The provisions of the present Law shall also apply to documents held or drawn up by any body which possesses legal personality and has been created to fulfil needs of general interest that do not possess an industrial or commercial nature in a specific manner, and to which any of the following circumstances applies: a) The majority of the funding for the body’s activities is provided by any of the entities referred to by the previous paragraph or the present paragraph; b) The body’s management is subject to a control by any of the entities referred to by the previous paragraph or the present paragraph; c) More than half the members of the body’s management or supervisory boards are appointed by any of the entities referred to by the previous paragraph or the present paragraph". 2/2 Art. 4.1. "The present Law shall apply to the following bodies and entities: a) Bodies which belong to the State and the autonomous regions and form part of the Public Administration; b) Other bodies which belong to the State and the autonomous regions, to the extent to which they perform materially administrative functions; c) Bodies which belong to public institutes and public associations and foundations; d) Bodies which belong to state-owned companies: e) Bodies which belong to local authorities and to their associations and federations; f) Bodies which belong to regional, inter-municipal and municipal companies; g) Other bodies which engage in administrative functions or exercise public authority. 2. The provisions of the present Law shall also apply to documents held or drawn up by any body which possesses legal personality and has been created to fulfil needs of general interest that do not possess an industrial or commercial nature in a specific manner, and to which any of the following circumstances applies: a) The majority of the funding for the body’s activities is provided by any of the entities referred to by the previous paragraph or the present paragraph; b) The body’s management is subject to a control by any of the entities referred to by the previous paragraph or the present paragraph; c) More than half the members of the body’s management or supervisory boards are appointed by any of the entities referred to by the previous paragraph or the present paragraph." 22/30
77 Spain 1/2 Artículo 12. Derecho de acceso a la información pública. Todas las personas tienen derecho a acceder a la información pública, en los términos previstos en el artículo 105.b) de la Constitución Española, desarrollados por esta Ley. Asimismo, y en el ámbito de sus respectivas competencias, será de aplicación la correspondiente normativa autonómica. 1/4 Artículo 13 (Información Pública): “Se entiende por información pública los contenidos o documentos, cualquiera que sea su formato o soporte que obren en poder de cualquiera de los sujetos incluidos en el ámbito de aplicación de este Título y que hayan sido elaborados o adquiridos en el ejercicio de sus funciones.” Articulo 18 (Causas de inadmisión): “1. Se inadmitirán a trámite, mediante resolución motivada, las solicitudes:a) Que se refieran a información que esté en curso de elaboración o de publicación general. b) Referidas a información que tenga carácter auxiliar o de apoyo como la contenida en notas, borradores, opiniones, resúmenes, comunicaciones e informes internos o entre órganos o entidades administrativas. c) Relativas a información para cuya divulgación sea necesaria una acción previa de reelaboración. d) Dirigidas a un órgano en cuyo poder no obre la información cuando se desconozca el competente. e) Que sean manifiestamente repetitivas o tengan un carácter abusivo no justificado con la finalidad de transparencia de esta Ley.” 2/2 Artículo 13 (Información Pública): “Se entiende por información pública los contenidos o documentos, cualquiera que sea su formato o soporte que obren en poder de cualquiera de los sujetos incluidos en el ámbito de aplicación de este Título y que hayan sido elaborados o adquiridos en el ejercicio de sus funciones.” 6/8 Artículo 2 (Ámbito subjetivo de aplicación): “1. Las disposiciones de este Título se aplicarán a: a) La Administración General del Estado, las Administraciones de las Comunidades Autónomas y de las Ciudades de Ceuta y Melilla y las Entidades que integran la Administración Local. b) Las Entidades gestoras y los servicios comunes de la Seguridad Social […] c) Los organismos autónomos, las Agencias Estatales, las entidades públicas empresariales y las entidades de Derecho Público que, con independencia funcional o con una especial autonomía reconocida por la Ley, tengan atribuidas funciones de regulación o supervisión de carácter externo sobre un determinado sector o actividad. d) Las Entidades de Derecho Público con personalidad jurídica propia, vinculadas a cualquiera de las Administraciones Públicas o dependientes de ellas, incluidas las Universidades Públicas.” 1/4 Artículo 2 (Ámbito subjetivo de aplicación): “f) La Casa de su Majestad el Rey, el Congreso de los Diputados, el Senado, el Tribunal Constitucional y el Consejo General del Poder Judicial, así como el Banco de España, el Consejo de Estado, el Defensor del Pueblo, el Tribunal de Cuentas, el Consejo Económico y Social y las instituciones autonómicas análogas, en relación con sus actividades sujetas a Derecho administrativo.” 0/4 Artículo 2 (Ámbito subjetivo de aplicación): “f) La Casa de su Majestad el Rey, el Congreso de los Diputados, el Senado, el Tribunal Constitucional y el Consejo General del Poder Judicial, así como el Banco de España, el Consejo de Estado, el Defensor del Pueblo, el Tribunal de Cuentas, el Consejo Económico y Social y las instituciones autonómicas análogas, en relación con sus actividades sujetas a Derecho administrativo.” 2/2 Artículo 2 (Ámbito subjetivo de aplicación): “1. Las disposiciones de este Título se aplicarán a: g) Las sociedades mercantiles en cuyo capital social la participación, directa o indirecta, de las entidades previstas en este artículo sea superior al 50 por 100.” d) Las Entidades de Derecho Público con personalidad jurídica propia, vinculadas a cualquiera de las Administraciones Públicas o dependientes de ellas, incluidas las Universidades Públicas. e) Las Corporaciones de Derecho Público, en lo relativo a sus actividades sujetas a Derecho Administrativo. 1/2 Artículo 2 (Ámbito subjetivo de aplicación): “1. Las disposiciones de este Título se aplicarán a: c) Los organismos autónomos, las Agencias Estatales, las entidades públicas empresariales y las entidades de Derecho Público que, con independencia funcional o con una especial autonomía reconocida por la Ley, tengan atribuidas funciones de regulación o supervisión de carácter externo sobre un determinado sector o actividad. d) Las Entidades de Derecho Público con personalidad jurídica propia, vinculadas a cualquiera de las Administraciones Públicas o dependientes de ellas, incluidas las Universidades Públicas. f) La Casa de su Majestad el Rey, el Congreso de los Diputados, el Senado, el Tribunal Constitucional y el Consejo General del Poder Judicial, así como el Banco de España, el Consejo de Estado, el Defensor del Pueblo, el Tribunal de Cuentas, el Consejo Económico y Social y las instituciones autonómicas análogas, en relación con sus actividades sujetas a Derecho administrativo.” 0/2 Artículo 2 (Ámbito subjetivo de aplicación): “e) Las Corporaciones de Derecho Público, en lo relativo a sus actividades sujetas a Derecho Administrativo.\\\\\\\" 14/30
78 Czech Republic 2/2 Section 3 - Definitions "(1) For the purpose of this Act, the "applicant" any natural person or legal entity requesting information." 4/4 Section 3 "(3) For the purpose of this Act, "information" shall mean any contents or its part in any form recorded on any medium, namely the contents of a written record in a document or a record in an electronic format or an audio, visual or audiovisual record." 2/2 Section 3: Definitions. "(3) For the purpose of this Act, "information" shall mean any contents or its part in any form recorded on any medium, namely the contents of a written record in a document, or a record in an electronic format or an audio, visual or audiovisual record." 7/8 Section 2 - Duty to provide information "(1) The bodies obliged to provide information related to the scope of their powers under this Act shall be state authorities, territorial self-administration entities and their authorities, and public institutions." 4/4 Section 2 - Duty to provide information "(1) The bodies obliged to provide information related to the scope of their powers under this Act shall be state authorities, territorial self-administration entities and their autohorities, and public institutions. (2) Such obligated bodies shall also include the bodies that have been authorized by the law to decide entrusted by the law with making decisions on the rights, legislatively protected interests or duties of natural persons and legal entities in the public administration sector. Such duty applies solely to the scope of their discretionary powers." 4/4 Section 2 - Duty to provide information "(1) The bodies obliged to provide information related to the scope of their powers under this Act shall be state authorities, territorial self-administration entities and their authorities, and public institutions. (2) Such obligated bodies shall also include the bodies that have been authorized by the law to decide entrusted by the law with making decisions on the rights, legislatively protected interests or duties of natural persons and legal entities in the public administration sector. Such duty applies solely to the scope of their discretionary powers." 2/2 Section 2 - Duty to provide information (1) The bodies obliged to provide information related to the scope of their powers under this Act shall be state agencies, territorial self-administration entities and their agencies, and public institutions managing public funds . (2) Such obligated bodies shall also include the bodies that have been authorized by the law to decide entrusted by the law with making decisions on the rights, legislatively protected interests or duties of natural persons and legal entities in the public administration sector. Such duty applies solely to the scope of their discretionary powers 2/2 Section 2 - Duty to provide information "(1) The bodies obliged to provide information related to the scope of their powers under this Act shall be state authorities, territorial self-administration entities and their autohorities, and public institutions. (2) Such obligated bodies shall also include the bodies that have been authorized by the law to decide entrusted by the law with making decisions on the rights, legislatively protected interests or duties of natural persons and legal entities in the public administration sector. Such duty applies solely to the scope of their discretionary powers." 1/2 Section 2 - Duty to provide information "(1) The bodies obliged to provide information related to the scope of their powers under this Act shall be state authorities, territorial self-administration entities and their autohorities, and public institutions. (2) Such obligated bodies shall also include the bodies that have been authorized by the law to decide entrusted by the law with making decisions on the rights, legislatively protected interests or duties of natural persons and legal entities in the public administration sector. Such duty applies solely to the scope of their discretionary powers." 28/30
79 Turkey 1/2 Article 4. (Everyone has the right to information): "<...> Foreigners domiciled in Turkey and the foreign legal entities operating in Turkey can exercise the right in this law, on the condition that the information that they require is related to them or the field of their activities; and on the basis of the principle of reciprocity. The rights and the obligations of Turkey under the international conventions are reserved." 4/4 Article 3: "The terms used in the law means following: [...] c) Information: Every kind of data that is within the scope of this law and are included in the records of the institutions. d) Document: Any written, printed or copied file, document, book, journal, brochure, etude, letter, software, instruction, sketch, plan, film, photograph, tape and video cassette, map of the institutions and the information, news and other data that are recorded and saved in electronic format that are within the scope of this law. [...]" Article 5: "The institutions are required to apply administrative and technical measures to provide every kind of information and document, with the exceptions set out in this law, to provide the information for applicants; and to review and decide on the applications for access information promptly, effectively and correctly. The other legal regulations which are incompatible with the provisions contained herein shall cease to be applicable as of the date this Act comes into force." 2/2 Article 7: "The application for access to information should relate to the information or the document that the institutions which are applied posses or should have possessed due to their tasks and activities. The institutions may turn down the applications for any information or document that require a separate or special work, research, examination or analysis. Where the required information or the document is at an institution other than the one that is applied, the petition will be sent to the relevant institution and the applicant will be notified accordingly." Article 10: " Institutions give a certified copy of the required document to the applicant. Where the information or the document is not appropriate for copying or may cause damage to the original, the institution will provide the applicant with the necessary means;a) to examine the original document and take notes for those that are published or written, b) to listen to the material that are in the form of sound recording, c) to watch the material that are in the form of visual recording. Where the access to the information or document require other means than those mentioned above, such information or document shall be provided unless it damages the original material. The applied institution, will charge the applicant for the cost of the procedure, to be added as an income to the budget." 7/8 Article 2 (Scope): "This law is applied to the activities of the public institutions and the professional organisations which qualify as public institutions." Article 3 (Definitions): "The terms used in the law means following: a) Institutions: All the authorities that can be included under article 2 of this law. [...]" 4/4 Article 2 (Scope): "This law is applied to the activities of the public institutions and the professional organisations which qualify as public institutions." Article 3 (Definitions): "The terms used in the law means following: a) Institutions: All the authorities that can be included under article 2 of this law. [...] c) Information: Every kind of data that is within the scope of this law and are included in the records of the institutions. d) Document: Any written, printed or copied file, document, book, journal, brochure, etude, letter, software, instruction, sketch, plan, film, photograph, tape and video cassette, map of the institutions and the information, news and other data that are recorded and saved in electronic format that are within the scope of this law.[...]" 4/4 Article 2 (Scope): "This law is applied to the activities of the public institutions and the professional organisations which qualify as public institutions." Article 3 (Definitions): "The terms used in the law means following: a) Institutions: All the authorities that can be included under article 2 of this law. [...] c) Information: Every kind of data that is within the scope of this law and are included in the records of the institutions. d) Document: Any written, printed or copied file, document, book, journal, brochure, etude, letter, software, instruction, sketch, plan, film, photograph, tape and video cassette, map of the institutions and the information, news and other data that are recorded and saved in electronic format that are within the scope of this law.[...]" 0/2 Article 2 (Scope): "This law is applied to the activities of the public institutions and the professional organisations which qualify as public institutions." 2/2 Article 2 (Scope): "This law is applied to the activities of the public institutions and the professional organisations which qualify as public institutions." Article 3 (Definitions): "The terms used in the law means following: a) Institutions: All the authorities that can be included under article 2 of this law. [...] f) Board: The Board of Review of Access to Information." 0/2 Article 2 (Scope): "This law is applied to the activities of the public institutions and the professional organisations which qualify as public institutions." Article 3 (Definitions): "The terms used in the law means following: a) Institutions: All the authorities that can be included under article 2 of this law. [...] f) Board: The Board of Review of Access to Information." 24/30
80 Latvia 2/2 Section 2. Purpose and Scope of Application of this Law: "(1) The purpose of this Law is to ensure that the public has access to information, which is at the disposal of institutions or which an institution in conformity with its competence has a duty to create. This Law determines uniform procedures by which private persons are entitled to obtain information from an institution and to utilise it. (2) This Law applies to documented information, which is within the circulation of information of institutions. (3) Information shall be accessible to the public in all cases, when this Law does not specify otherwise. (4) This Law does not apply to the exchange of information between institutions." 4/4 Section 1. Terms Used in this Law "The following terms are used in this Law: 1) information – information or compilations of information, in any technically possible form of fixation, storage or transfer;<...>" Section 2. Purpose and Scope of Application of this Law: "(1) The purpose of this Law is to ensure that the public has access to information, which is at the disposal of institutions or which an institution in conformity with its competence has a duty to create. This Law determines uniform procedures by which private persons are entitled to obtain information from an institution and to utilise it. (2) This Law applies to documented information, which is within the circulation of information of institutions. (3) Information shall be accessible to the public in all cases, when this Law does not specify otherwise. (4) This Law does not apply to the exchange of information between institutions." 2/2 Section 1. Terms Used in this Law "The following terms are used in this Law: 1) information – information or compilations of information, in any technically possible form of fixation, storage or transfer;<...>" Section 2. Purpose and Scope of Application of this Law: "(1) The purpose of this Law is to ensure that the public has access to information, which is at the disposal of institutions or which an institution in conformity with its competence has a duty to create. This Law determines uniform procedures by which private persons are entitled to obtain information from an institution and to utilise it. (2) This Law applies to documented information, which is within the circulation of information of institutions. (3) Information shall be accessible to the public in all cases, when this Law does not specify otherwise. (4) This Law does not apply to the exchange of information between institutions." 8/8 Section 2. Purpose and Scope of Application of this Law "(1) The purpose of this Law is to ensure that the public has access to information, which is at the disposal of institutions or which an institution in conformity with its competence has a duty to create. This Law determines uniform procedures by which private persons are entitled to obtain information from an institution and to utilise it. (2) This Law applies to documented information, which is within the circulation of information of institutions. (3) Information shall be accessible to the public in all cases, when this Law does not specify otherwise. (4) This Law does not apply to the exchange of information between institutions. <...>" Section 1. Terms Used in this Law "The following terms are used in this Law: <...> 4) institution – every institution, as well as persons who implement administration functions and tasks if such person in the circulation of information is associated with the implementation of the relevant functions and tasks; <...>". 4/4 Section 2. Purpose and Scope of Application of this Law "(1) The purpose of this Law is to ensure that the public has access to information, which is at the disposal of institutions or which an institution in conformity with its competence has a duty to create. This Law determines uniform procedures by which private persons are entitled to obtain information from an institution and to utilise it. (2) This Law applies to documented information, which is within the circulation of information of institutions. (3) Information shall be accessible to the public in all cases, when this Law does not specify otherwise. (4) This Law does not apply to the exchange of information between institutions. <...>" Section 1. Terms Used in this Law "The following terms are used in this Law: <...> 4) institution – every institution, as well as persons who implement administration functions and tasks if such person in the circulation of information is associated with the implementation of the relevant functions and tasks; <...>". 4/4 Section 2. Purpose and Scope of Application of this Law "(1) The purpose of this Law is to ensure that the public has access to information, which is at the disposal of institutions or which an institution in conformity with its competence has a duty to create. This Law determines uniform procedures by which private persons are entitled to obtain information from an institution and to utilise it. (2) This Law applies to documented information, which is within the circulation of information of institutions. (3) Information shall be accessible to the public in all cases, when this Law does not specify otherwise. (4) This Law does not apply to the exchange of information between institutions. <...>" Section 1. Terms Used in this Law "The following terms are used in this Law: <...> 4) institution – every institution, as well as persons who implement administration functions and tasks if such person in the circulation of information is associated with the implementation of the relevant functions and tasks; <...>". 2/2 Section 2. Purpose and Scope of Application of this Law "(1) The purpose of this Law is to ensure that the public has access to information, which is at the disposal of institutions or which an institution in conformity with its competence has a duty to create. This Law determines uniform procedures by which private persons are entitled to obtain information from an institution and to utilise it. (2) This Law applies to documented information, which is within the circulation of information of institutions. (3) Information shall be accessible to the public in all cases, when this Law does not specify otherwise. (4) This Law does not apply to the exchange of information between institutions. <...>" Section 1. Terms Used in this Law "The following terms are used in this Law: <...> 4) institution – every institution, as well as persons who implement administration functions and tasks if such person in the circulation of information is associated with the implementation of the relevant functions and tasks; <...>". Section 88 of State administrative Structure law provided for pre-conditions when public persons can undertake commercial activities (State owned commercial entities). When doing that the activities are considered as public function. These two articles cannot be regarded separately (Section 8 of the Administrative procedure law , Section 8. Principle of Reasonable Application of Norms of Law "Institutions and courts, in applying the norms of law, shall use the basic methods of the interpretation of the norms of law (grammatical, systemic, historical and teleological methods) in order to achieve the most equitable and useful result (Section 17)" ) With regard to commercial entities, such interpretation has been expressly used by the Supreme Court. 2/2 Section 2. Purpose and Scope of Application of this Law "(1) The purpose of this Law is to ensure that the public has access to information, which is at the disposal of institutions or which an institution in conformity with its competence has a duty to create. This Law determines uniform procedures by which private persons are entitled to obtain information from an institution and to utilise it. (2) This Law applies to documented information, which is within the circulation of information of institutions. (3) Information shall be accessible to the public in all cases, when this Law does not specify otherwise. (4) This Law does not apply to the exchange of information between institutions. <...>" Section 1. Terms Used in this Law "The following terms are used in this Law: <...> 4) institution – every institution, as well as persons who implement administration functions and tasks if such person in the circulation of information is associated with the implementation of the relevant functions and tasks; <...>". Section 88 of State administrative Structure law provided for pre-conditions when public persons can undertake commercial activities (State owned commercial entities). When doing that the activities are considered as public function. These two articles cannot be regarded separately (Section 8 of the Administrative procedure law , Section 8. Principle of Reasonable Application of Norms of Law "Institutions and courts, in applying the norms of law, shall use the basic methods of the interpretation of the norms of law (grammatical, systemic, historical and teleological methods) in order to achieve the most equitable and useful result (Section 17)" ) With regard to commercial entities, such interpretation has been expressly used by the Supreme Court. 2/2 Section 2. Purpose and Scope of Application of this Law "(1) The purpose of this Law is to ensure that the public has access to information, which is at the disposal of institutions or which an institution in conformity with its competence has a duty to create. This Law determines uniform procedures by which private persons are entitled to obtain information from an institution and to utilise it. (2) This Law applies to documented information, which is within the circulation of information of institutions. (3) Information shall be accessible to the public in all cases, when this Law does not specify otherwise. (4) This Law does not apply to the exchange of information between institutions. <...>" Section 1. Terms Used in this Law "The following terms are used in this Law: <...> 4) institution – every institution, as well as persons who implement administration functions and tasks if such person in the circulation of information is associated with the implementation of the relevant functions and tasks; <...>". 30/30
81 Zimbabwe 0/2 5(3)(a): < Nothing contained in this Act shall confer any rights to information or to a record to—> "a person who is not a citizen of Zimbabwe, or is not regarded as permanently resident in Zimbabwe by virtue of the Immigration Act [Chapter 4:02], or is not the holder of a temporary employment or residence permit or student’s permit issued in terms of that Act;" 3/4 2(1): <...> "“record” includes books, documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a computer programme or any other mechanism that produces records;" <...> 1/2 8(2): "Where necessary, the head of a public body shall create a record for an applicant if— (a) the record can be created from a machine readable record in the custody or under the control of public body using its normal computer hardware and software and technical expertise; and (b) creating the record will not unreasonably interfere with the operations of the public body." 6/8 Schedule 1(f): "material placed in the National Archives or the archives of a national body by or for a person or agency other than a public body;" Schedule 1(g): " any record or information relating to any matter or issue referred to in section 31K of the Constitution, and any matter or issue relating to the exercise of the functions and powers of the President." Schedule 2: "PUBLIC BODIES AND HEADS OF PUBLIC BODIES PART I Public Body - Head Any government department - The Permanent Secretary Any statutory corporation, authority, board, committee, commission or council, or other statutory body - The chairperson, chief executive officer, director- general, general manager Any government agency or office of which the Permanent Secretary is not the head - The person in charge of such agency or office Office of the Registrar-General - The Registrar-General Office of the Registrar of the High Court/Supreme Court/Administrative Court/Office of the Labour Relations Tribunal - The registrar of that court Office of the Clerk of the Magistrates’ Court/Community Court - The clerk of court of that court Local authority - Executive Mayor, Town Clerk, Chief Executive Officer A body referred to in Part II - The chairperson, chief executive officer, director-general, general manager, registrar or other person by whatever title called having responsibilities similar to those attaching to the foregoing offices PART II Estate Agents Council of Zimbabwe Medical Council of Zimbabwe Medicines Control Council of Zimbabwe Bankers Association of Zimbabwe Institute of Bankers in Zimbabwe Institute of Chartered Secretaries and Administrators in Zimbabwe Institute of Chartered Accountants of Zimbabwe Zimbabwe Institution of Engineers Chartered Institute of Management Accountants Law Society of Zimbabwe Institute of Architects of Zimbabwe and Architects Council Institute of Directors Institute of Environmental Studies Institute of Mining Research Institute of Personnel Management (Zimbabwe) Zimbabwe Congress of Trade Unions Zimbabwe Federation of Trade Unions Medical aid societies Zimbabwe Stock Exchange Zimbabwe National Traditional Healers Association Commercial Farmers Union Zimbabwe Farmers Union Indigenous Commercial Farmers Union Public companies" 0/4 Schedule 1(b): "any record that is protected in terms of the Privileges, Immunities and Powers of Parliament Act [Chapter 2:08];" 2/4 Schedule 2: "PUBLIC BODIES AND HEADS OF PUBLIC BODIES PART I Public Body - Head Any government department - The Permanent Secretary Any statutory corporation, authority, board, committee, commission or council, or other statutory body - The chairperson, chief executive officer, director- general, general manager Any government agency or office of which the Permanent Secretary is not the head - The person in charge of such agency or office Office of the Registrar-General - The Registrar-General Office of the Registrar of the High Court/Supreme Court/Administrative Court/Office of the Labour Relations Tribunal - The registrar of that court Office of the Clerk of the Magistrates’ Court/Community Court - The clerk of court of that court Local authority - Executive Mayor, Town Clerk, Chief Executive Officer A body referred to in Part II - The chairperson, chief executive officer, director-general, general manager, registrar or other person by whatever title called having responsibilities similar to those attaching to the foregoing offices PART II Estate Agents Council of Zimbabwe Medical Council of Zimbabwe Medicines Control Council of Zimbabwe Bankers Association of Zimbabwe Institute of Bankers in Zimbabwe Institute of Chartered Secretaries and Administrators in Zimbabwe Institute of Chartered Accountants of Zimbabwe Zimbabwe Institution of Engineers Chartered Institute of Management Accountants Law Society of Zimbabwe Institute of Architects of Zimbabwe and Architects Council Institute of Directors Institute of Environmental Studies Institute of Mining Research Institute of Personnel Management (Zimbabwe) Zimbabwe Congress of Trade Unions Zimbabwe Federation of Trade Unions Medical aid societies Zimbabwe Stock Exchange Zimbabwe National Traditional Healers Association Commercial Farmers Union Zimbabwe Farmers Union Indigenous Commercial Farmers Union Public companies" Schedule 1(a): "A personal note, communication or draft decision of a person who is acting in a judicial or quasi-judicial capacity;" 2/2 Schedule 2 Part II: "Estate Agents Council of Zimbabwe Medical Council of Zimbabwe Medicines Control Council of Zimbabwe Bankers Association of Zimbabwe Institute of Bankers in Zimbabwe Institute of Chartered Secretaries and Administrators in Zimbabwe Institute of Chartered Accountants of Zimbabwe Zimbabwe Institution of Engineers Chartered Institute of Management Accountants Law Society of Zimbabwe Institute of Architects of Zimbabwe and Architects Council Institute of Directors Institute of Environmental Studies Institute of Mining Research Institute of Personnel Management (Zimbabwe) Zimbabwe Congress of Trade Unions Zimbabwe Federation of Trade Unions Medical aid societies Zimbabwe Stock Exchange Zimbabwe National Traditional Healers Association Commercial Farmers Union Zimbabwe Farmers Union Indigenous Commercial Farmers Union Public companies" 19: "(1) The head of a public body may refuse to disclose to an applicant information which may result in harm to the planning, financial or economic interests of the public body or the State. (2) The information referred to in subsection (1) shall include— (a) trade secrets of a public body or the State; or (b) financial, commercial scientific or technical information that belongs to a public body or to the State and has monetary value; or (c) plans that relate to the management of personnel of or the administration of a public body or the State and that have not yet been implemented or made public; or (d) information whose disclosure may result in the premature disclosure of a proposal or project or in undue financial loss or gain to a third party; (e) information relating to negotiations made by or for a public body or the State. (3) Subsection (1) shall not apply to the results of product or environment testing carried out by or for a public body, unless the testing was done— (a) as a service to a person, group of persons or organisation who paid a fee for such service; or (b) for the purpose of developing methods of testing." 2/2 Schedule 2: "PUBLIC BODIES AND HEADS OF PUBLIC BODIES PART I Public Body - Head Any government department - The Permanent Secretary Any statutory corporation, authority, board, committee, commission or council, or other statutory body - The chairperson, chief executive officer, director- general, general manager Any government agency or office of which the Permanent Secretary is not the head - The person in charge of such agency or office Office of the Registrar-General - The Registrar-General Office of the Registrar of the High Court/Supreme Court/Administrative Court/Office of the Labour Relations Tribunal - The registrar of that court Office of the Clerk of the Magistrates’ Court/Community Court - The clerk of court of that court Local authority - Executive Mayor, Town Clerk, Chief Executive Officer A body referred to in Part II - The chairperson, chief executive officer, director-general, general manager, registrar or other person by whatever title called having responsibilities similar to those attaching to the foregoing offices PART II Estate Agents Council of Zimbabwe Medical Council of Zimbabwe Medicines Control Council of Zimbabwe Bankers Association of Zimbabwe Institute of Bankers in Zimbabwe Institute of Chartered Secretaries and Administrators in Zimbabwe Institute of Chartered Accountants of Zimbabwe Zimbabwe Institution of Engineers Chartered Institute of Management Accountants Law Society of Zimbabwe Institute of Architects of Zimbabwe and Architects Council Institute of Directors Institute of Environmental Studies Institute of Mining Research Institute of Personnel Management (Zimbabwe) Zimbabwe Congress of Trade Unions Zimbabwe Federation of Trade Unions Medical aid societies Zimbabwe Stock Exchange Zimbabwe National Traditional Healers Association Commercial Farmers Union Zimbabwe Farmers Union Indigenous Commercial Farmers Union Public companies" 0/2 16/30
82 China 1/2 13: "Aside from those types of information belonging to release by initiative of State organs outlines in Articles 9, 10, 11, and 12, citizens, legal persons or other organizations can, according to their particular production, life, research and other needs, make an application for obtaining government information with offices of the State Council, people’s governments at various regional levels and local people’s government offices at the county level and above." 2/4 2: "The government information referenced in this ordinance is that which is either created or obtained in the exercise of [official] functions, information that is recorded and preserved in whatever form." 2/2 2: "The government information referenced in this ordinance is that which is either created or obtained in the exercise of [official] functions, information that is recorded and preserved in whatever form." 6/8 4: "People’s Governments and People’s Government offices of the county level or above should set up comprehensive systems for carrying out the work of openness of government information for their State organs, and the designated organ (hereafter referred to at the openness of government information organ) is responsible for the daily work of openness of government information for this adminis trative area. The specific responsibilities of the openness of government information organ are as follows: 1. To undertake all specific matters concerning openness of government information for State organs; 2. To protect and update all publicly available [“o pen”] government information for State organs; 3. To organize and work out openness of government information guides, openness of government information directories and openness of government information annual reports or State organs; 4. To examine all government information for matters of secrecy; 5. Other duties concerning openness of government information designated by State organs." 0/4 0/4 0/2 0/2 0/2 11/30
83 Saint Vincent and the Grenadines 1/2 4. In this Act; applicant" means a person who has made a request in accordance with section 13 and shall include a person who is acting on behalf of a minor or of a person under a disability; "chief executive officer" includes the officer for the tine being exercising the highest level of administrative functio is within any public authority; "document" means information recorded in any form, whether printed or on tape or film or by electronic means or otherwise and includes any map, diagram, photograph, film, microfilm, videotape, sound recording, or machine-readable record or any record which i s c apable of being produced from a machine-readable record b y means o f equipment o r a programme (or a combination of both) which is used for that purpose by the public authority which holds the record; "enactment" means an Act or an Instrument (including rules, regulations or by-laws) made under an Act; "exempt document" means a document which, by virtue of any provision of Part IV, is an exempt document. "exempt information" means information the inclusion of which in a document causes the document to be an exempt document; "Minister" means the Minister who has been assigned responsibility for information under the Constitution; "personal information" means information about an identifiable individual that is recorded in any form including, without restricting the generality of the foregoing - (a) information relating to the race, sex, national or ethnic origin, religion, age or marital status of the individual; (b) information relating to the education or the medical, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved; (c) any identifying number, symbol o r other particular assigned to the individual; (d) the address, fingerprints or blood type of the individual; (e) the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name itself would reveal information about the individual; (f)correspondence sent to a public authority by the individual that is explicitly or implicitly of a private or confidential nature, and replies to such correspondence that would reveal the contents of the original correspondence; o r (g)the views or opinions of any other person about the individual; "prescribed" means prescribed by the Minister by regulations made under this Act; "public authority" includes a) Parliament, or any committee of Parliament; (b) the Cabinet as constituted under the Constitution; (c) a Ministry or a department or division of a Ministry; (d) a local authority; (e) a public statutory corporation or body; (f) a body corporate or an incorporated body established for a public purpose, which is owned or controlled by the State; (g)an embassy, consulate or mission of the State or any office of the State situated outside of Saint Vincent and the Grenadines whose functions include the provision of diplomatic or consular services for or on behalf of Saint Vincent and the Grenadines (h)any other body designated by the Minister by regulation made under this Act, to be a public authority for the purposes of this Act; "responsible Minister" in relation to a public authority means the Minister of Government to whom responsibility for the public authority is assigned. 10. Subject to this Act, every person shall have a right of ~ ccess in accordance with this Act, to an official document other than an exempt document 4/4 4. In this Act; applicant" means a person who has made a request in accordance with section 13 and shall include a person who is acting on behalf of a minor or of a person under a disability; "chief executive officer" includes the officer for the tine being exercising the highest level of administrative functio is within any public authority; "document" means information recorded in any form, whether printed or on tape or film or by electronic means or otherwise and includes any map, diagram, photograph, film, microfilm, videotape, sound recording, or machine-readable record or any record which i s c apable of being produced from a machine-readable record b y means o f equipment o r a programme (or a combination of both) which is used for that purpose by the public authority which holds the record; "enactment" means an Act or an Instrument (including rules, regulations or by-laws) made under an Act; "exempt document" means a document which, by virtue of any provision of Part IV, is an exempt document. "exempt information" means information the inclusion of which in a document causes the document to be an exempt document; "Minister" means the Minister who has been assigned responsibility for information under the Constitution; "personal information" means information about an identifiable individual that is recorded in any form including, without restricting the generality of the foregoing - (a) information relating to the race, sex, national or ethnic origin, religion, age or marital status of the individual; (b) information relating to the education or the medical, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved; (c) any identifying number, symbol o r other particular assigned to the individual; (d) the address, fingerprints or blood type of the individual; (e) the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name itself would reveal information about the individual; (f)correspondence sent to a public authority by the individual that is explicitly or implicitly of a private or confidential nature, and replies to such correspondence that would reveal the contents of the original correspondence; o r (g)the views or opinions of any other person about the individual; "prescribed" means prescribed by the Minister by regulations made under this Act; "public authority" includes a) Parliament, or any committee of Parliament; (b) the Cabinet as constituted under the Constitution; (c) a Ministry or a department or division of a Ministry; (d) a local authority; (e) a public statutory corporation or body; (f) a body corporate or an incorporated body established for a public purpose, which is owned or controlled by the State; (g)an embassy, consulate or mission of the State or any office of the State situated outside of Saint Vincent and the Grenadines whose functions include the provision of diplomatic or consular services for or on behalf of Saint Vincent and the Grenadines (h)any other body designated by the Minister by regulation made under this Act, to be a public authority for the purposes of this Act; "responsible Minister" in relation to a public authority means the Minister of Government to whom responsibility for the public authority is assigned. 2/2 4. In this Act; applicant" means a person who has made a request in accordance with section 13 and shall include a person who is acting on behalf of a minor or of a person under a disability; "chief executive officer" includes the officer for the tine being exercising the highest level of administrative functio is within any public authority; "document" means information recorded in any form, whether printed or on tape or film or by electronic means or otherwise and includes any map, diagram, photograph, film, microfilm, videotape, sound recording, or machine-readable record or any record which i s c apable of being produced from a machine-readable record b y means o f equipment o r a programme (or a combination of both) which is used for that purpose by the public authority which holds the record; "enactment" means an Act or an Instrument (including rules, regulations or by-laws) made under an Act; "exempt document" means a document which, by virtue of any provision of Part IV, is an exempt document. "exempt information" means information the inclusion of which in a document causes the document to be an exempt document; "Minister" means the Minister who has been assigned responsibility for information under the Constitution; "personal information" means information about an identifiable individual that is recorded in any form including, without restricting the generality of the foregoing - (a) information relating to the race, sex, national or ethnic origin, religion, age or marital status of the individual; (b) information relating to the education or the medical, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved; (c) any identifying number, symbol o r other particular assigned to the individual; (d) the address, fingerprints or blood type of the individual; (e) the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name itself would reveal information about the individual; (f)correspondence sent to a public authority by the individual that is explicitly or implicitly of a private or confidential nature, and replies to such correspondence that would reveal the contents of the original correspondence; o r (g)the views or opinions of any other person about the individual; "prescribed" means prescribed by the Minister by regulations made under this Act; "public authority" includes a) Parliament, or any committee of Parliament; (b) the Cabinet as constituted under the Constitution; (c) a Ministry or a department or division of a Ministry; (d) a local authority; (e) a public statutory corporation or body; (f) a body corporate or an incorporated body established for a public purpose, which is owned or controlled by the State; (g)an embassy, consulate or mission of the State or any office of the State situated outside of Saint Vincent and the Grenadines whose functions include the provision of diplomatic or consular services for or on behalf of Saint Vincent and the Grenadines (h)any other body designated by the Minister by regulation made under this Act, to be a public authority for the purposes of this Act; "responsible Minister" in relation to a public authority means the Minister of Government to whom responsibility for the public authority is assigned. 6/8 4. In this Act; applicant" means a person who has made a request in accordance with section 13 and shall include a person who is acting on behalf of a minor or of a person under a disability; "chief executive officer" includes the officer for the tine being exercising the highest level of administrative functio is within any public authority; "document" means information recorded in any form, whether printed or on tape or film or by electronic means or otherwise and includes any map, diagram, photograph, film, microfilm, videotape, sound recording, or machine-readable record or any record which i s c apable of being produced from a machine-readable record b y means o f equipment o r a programme (or a combination of both) which is used for that purpose by the public authority which holds the record; "enactment" means an Act or an Instrument (including rules, regulations or by-laws) made under an Act; "exempt document" means a document which, by virtue of any provision of Part IV, is an exempt document. "exempt information" means information the inclusion of which in a document causes the document to be an exempt document; "Minister" means the Minister who has been assigned responsibility for information under the Constitution; "personal information" means information about an identifiable individual that is recorded in any form including, without restricting the generality of the foregoing - (a) information relating to the race, sex, national or ethnic origin, religion, age or marital status of the individual; (b) information relating to the education or the medical, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved; (c) any identifying number, symbol o r other particular assigned to the individual; (d) the address, fingerprints or blood type of the individual; (e) the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name itself would reveal information about the individual; (f)correspondence sent to a public authority by the individual that is explicitly or implicitly of a private or confidential nature, and replies to such correspondence that would reveal the contents of the original correspondence; o r (g)the views or opinions of any other person about the individual; "prescribed" means prescribed by the Minister by regulations made under this Act; "public authority" includes a) Parliament, or any committee of Parliament; (b) the Cabinet as constituted under the Constitution; (c) a Ministry or a department or division of a Ministry; (d) a local authority; (e) a public statutory corporation or body; (f) a body corporate or an incorporated body established for a public purpose, which is owned or controlled by the State; (g)an embassy, consulate or mission of the State or any office of the State situated outside of Saint Vincent and the Grenadines whose functions include the provision of diplomatic or consular services for or on behalf of Saint Vincent and the Grenadines (h)any other body designated by the Minister by regulation made under this Act, to be a public authority for the purposes of this Act; "responsible Minister" in relation to a public authority means the Minister of Government to whom responsibility for the public authority is assigned. 5. (1) This Act does not apply to (a) the Governor-General; or (b) a commission of inquiry issued by the Governor-General (2) For the purposes of this Act (a) a court, or the holder of a judicial office or other office pertaining to a court in his capacity as the holder of that office, shall not be regarded as a public authority; (b) except in a judicial capacity a registry or other office of court administration, and the staff of such a registry or other office of court administration in their capacity as members of that staff in relation to those matters which relate to court administration, shall be regarded as part of a public authority. 4/4 4. In this Act; applicant" means a person who has made a request in accordance with section 13 and shall include a person who is acting on behalf of a minor or of a person under a disability; "chief executive officer" includes the officer for the tine being exercising the highest level of administrative functio is within any public authority; "document" means information recorded in any form, whether printed or on tape or film or by electronic means or otherwise and includes any map, diagram, photograph, film, microfilm, videotape, sound recording, or machine-readable record or any record which i s c apable of being produced from a machine-readable record b y means o f equipment o r a programme (or a combination of both) which is used for that purpose by the public authority which holds the record; "enactment" means an Act or an Instrument (including rules, regulations or by-laws) made under an Act; "exempt document" means a document which, by virtue of any provision of Part IV, is an exempt document. "exempt information" means information the inclusion of which in a document causes the document to be an exempt document; "Minister" means the Minister who has been assigned responsibility for information under the Constitution; "personal information" means information about an identifiable individual that is recorded in any form including, without restricting the generality of the foregoing - (a) information relating to the race, sex, national or ethnic origin, religion, age or marital status of the individual; (b) information relating to the education or the medical, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved; (c) any identifying number, symbol o r other particular assigned to the individual; (d) the address, fingerprints or blood type of the individual; (e) the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name itself would reveal information about the individual; (f)correspondence sent to a public authority by the individual that is explicitly or implicitly of a private or confidential nature, and replies to such correspondence that would reveal the contents of the original correspondence; o r (g)the views or opinions of any other person about the individual; "prescribed" means prescribed by the Minister by regulations made under this Act; "public authority" includes a) Parliament, or any committee of Parliament; (b) the Cabinet as constituted under the Constitution; (c) a Ministry or a department or division of a Ministry; (d) a local authority; (e) a public statutory corporation or body; (f) a body corporate or an incorporated body established for a public purpose, which is owned or controlled by the State; (g)an embassy, consulate or mission of the State or any office of the State situated outside of Saint Vincent and the Grenadines whose functions include the provision of diplomatic or consular services for or on behalf of Saint Vincent and the Grenadines (h)any other body designated by the Minister by regulation made under this Act, to be a public authority for the purposes of this Act; "responsible Minister" in relation to a public authority means the Minister of Government to whom responsibility for the public authority is assigned. 0/4 5(2) For the purposes of this Act (a) a court, or the holder of a judicial office or other office pertaining to a court in his capacity as the holder of that office, shall not be regarded as a public authority; (b) except in a judicial capacity a registry or other office of court administration, and the staff of such a registry or other office of court administration in their capacity as members of that staff in relation to those matters which relate to court administration, shall be regarded as part of a public authority. 2/2 4. In this Act; applicant" means a person who has made a request in accordance with section 13 and shall include a person who is acting on behalf of a minor or of a person under a disability; "chief executive officer" includes the officer for the tine being exercising the highest level of administrative functio is within any public authority; "document" means information recorded in any form, whether printed or on tape or film or by electronic means or otherwise and includes any map, diagram, photograph, film, microfilm, videotape, sound recording, or machine-readable record or any record which i s c apable of being produced from a machine-readable record b y means o f equipment o r a programme (or a combination of both) which is used for that purpose by the public authority which holds the record; "enactment" means an Act or an Instrument (including rules, regulations or by-laws) made under an Act; "exempt document" means a document which, by virtue of any provision of Part IV, is an exempt document. "exempt information" means information the inclusion of which in a document causes the document to be an exempt document; "Minister" means the Minister who has been assigned responsibility for information under the Constitution; "personal information" means information about an identifiable individual that is recorded in any form including, without restricting the generality of the foregoing - (a) information relating to the race, sex, national or ethnic origin, religion, age or marital status of the individual; (b) information relating to the education or the medical, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved; (c) any identifying number, symbol o r other particular assigned to the individual; (d) the address, fingerprints or blood type of the individual; (e) the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name itself would reveal information about the individual; (f)correspondence sent to a public authority by the individual that is explicitly or implicitly of a private or confidential nature, and replies to such correspondence that would reveal the contents of the original correspondence; o r (g)the views or opinions of any other person about the individual; "prescribed" means prescribed by the Minister by regulations made under this Act; "public authority" includes a) Parliament, or any committee of Parliament; (b) the Cabinet as constituted under the Constitution; (c) a Ministry or a department or division of a Ministry; (d) a local authority; (e) a public statutory corporation or body; (f) a body corporate or an incorporated body established for a public purpose, which is owned or controlled by the State; (g)an embassy, consulate or mission of the State or any office of the State situated outside of Saint Vincent and the Grenadines whose functions include the provision of diplomatic or consular services for or on behalf of Saint Vincent and the Grenadines (h)any other body designated by the Minister by regulation made under this Act, to be a public authority for the purposes of this Act; "responsible Minister" in relation to a public authority means the Minister of Government to whom responsibility for the public authority is assigned. 2/2 4. In this Act; applicant" means a person who has made a request in accordance with section 13 and shall include a person who is acting on behalf of a minor or of a person under a disability; "chief executive officer" includes the officer for the tine being exercising the highest level of administrative functio is within any public authority; "document" means information recorded in any form, whether printed or on tape or film or by electronic means or otherwise and includes any map, diagram, photograph, film, microfilm, videotape, sound recording, or machine-readable record or any record which i s c apable of being produced from a machine-readable record b y means o f equipment o r a programme (or a combination of both) which is used for that purpose by the public authority which holds the record; "enactment" means an Act or an Instrument (including rules, regulations or by-laws) made under an Act; "exempt document" means a document which, by virtue of any provision of Part IV, is an exempt document. "exempt information" means information the inclusion of which in a document causes the document to be an exempt document; "Minister" means the Minister who has been assigned responsibility for information under the Constitution; "personal information" means information about an identifiable individual that is recorded in any form including, without restricting the generality of the foregoing - (a) information relating to the race, sex, national or ethnic origin, religion, age or marital status of the individual; (b) information relating to the education or the medical, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved; (c) any identifying number, symbol o r other particular assigned to the individual; (d) the address, fingerprints or blood type of the individual; (e) the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name itself would reveal information about the individual; (f)correspondence sent to a public authority by the individual that is explicitly or implicitly of a private or confidential nature, and replies to such correspondence that would reveal the contents of the original correspondence; o r (g)the views or opinions of any other person about the individual; "prescribed" means prescribed by the Minister by regulations made under this Act; "public authority" includes a) Parliament, or any committee of Parliament; (b) the Cabinet as constituted under the Constitution; (c) a Ministry or a department or division of a Ministry; (d) a local authority; (e) a public statutory corporation or body; (f) a body corporate or an incorporated body established for a public purpose, which is owned or controlled by the State; (g)an embassy, consulate or mission of the State or any office of the State situated outside of Saint Vincent and the Grenadines whose functions include the provision of diplomatic or consular services for or on behalf of Saint Vincent and the Grenadines (h)any other body designated by the Minister by regulation made under this Act, to be a public authority for the purposes of this Act; "responsible Minister" in relation to a public authority means the Minister of Government to whom responsibility for the public authority is assigned. 0/2 4. In this Act; applicant" means a person who has made a request in accordance with section 13 and shall include a person who is acting on behalf of a minor or of a person under a disability; "chief executive officer" includes the officer for the tine being exercising the highest level of administrative functio is within any public authority; "document" means information recorded in any form, whether printed or on tape or film or by electronic means or otherwise and includes any map, diagram, photograph, film, microfilm, videotape, sound recording, or machine-readable record or any record which i s c apable of being produced from a machine-readable record b y means o f equipment o r a programme (or a combination of both) which is used for that purpose by the public authority which holds the record; "enactment" means an Act or an Instrument (including rules, regulations or by-laws) made under an Act; "exempt document" means a document which, by virtue of any provision of Part IV, is an exempt document. "exempt information" means information the inclusion of which in a document causes the document to be an exempt document; "Minister" means the Minister who has been assigned responsibility for information under the Constitution; "personal information" means information about an identifiable individual that is recorded in any form including, without restricting the generality of the foregoing - (a) information relating to the race, sex, national or ethnic origin, religion, age or marital status of the individual; (b) information relating to the education or the medical, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved; (c) any identifying number, symbol o r other particular assigned to the individual; (d) the address, fingerprints or blood type of the individual; (e) the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name itself would reveal information about the individual; (f)correspondence sent to a public authority by the individual that is explicitly or implicitly of a private or confidential nature, and replies to such correspondence that would reveal the contents of the original correspondence; o r (g)the views or opinions of any other person about the individual; "prescribed" means prescribed by the Minister by regulations made under this Act; "public authority" includes a) Parliament, or any committee of Parliament; (b) the Cabinet as constituted under the Constitution; (c) a Ministry or a department or division of a Ministry; (d) a local authority; (e) a public statutory corporation or body; (f) a body corporate or an incorporated body established for a public purpose, which is owned or controlled by the State; (g)an embassy, consulate or mission of the State or any office of the State situated outside of Saint Vincent and the Grenadines whose functions include the provision of diplomatic or consular services for or on behalf of Saint Vincent and the Grenadines (h)any other body designated by the Minister by regulation made under this Act, to be a public authority for the purposes of this Act; "responsible Minister" in relation to a public authority means the Minister of Government to whom responsibility for the public authority is assigned. 21/30
84 Togo 1/2 Article 8 : Toute personne qui souhaite accéder aux informations et aux documents publics, présente une requête écrite accompagnée de la photocopie d’une pièce d’identité en cours de validité à l’organisme concerné. 3/4 Article premier : (2) La présente loi s\'applique aux informations produites ou détenues par un service public dans le cadre de sa mission ou de ses attributions. Elle s’applique aussi à la conservation de ces informations par l\'organisme public.(3) L’information comprend tout original ou copie d’un document quelles que soient ses caractéristiques physiques, tels que des correspondances, faits, opinions, avis, mémorandums, données, statistiques, livres, dessins, plans, cartes, diagrammes, photographies, enregistrements audiovisuels ou électroniques, et tout autre document tangible ou intangible, sans considération de la forme ou du moyen sous lequel il est conservé. Le document contenant l’information sollicitée doit être en possession ou sous le contrôle du responsable de l’information de l’organisme public. (4) La présente loi s\'applique aussi aux informations détenues par un ordre professionnel. 2/2 Article 8 : Toute personne qui souhaite accéder aux informations et aux documents publics, présente une requête écrite accompagnée de la photocopie d’une pièce d’identité en cours de validité à l’organisme concerné. See also Articles 4 and 6. 8/8 Article 3 : Ont la qualité d’organisme public : le gouvernement, les institutions de la République, le trésor public, les ministères, les services déconcentrés, les services décentralisés, les organismes scolaires et les établissements de santé ou de services sociaux, toutes autres personnes morales de droit public ainsi que les personnes morales de droit privé chargées d’une mission de service public. Tous les services relevant de l’administration publique ou des entreprises publiques sont des organismes publics. 2/4 Article 3 : Ont la qualité d’organisme public : le gouvernement, les institutions de la République, le trésor public, les ministères, les services déconcentrés, les services décentralisés, les organismes scolaires et les établissements de santé ou de services sociaux, toutes autres personnes morales de droit public ainsi que les personnes morales de droit privé chargées d’une mission de service public. Tous les services relevant de l’administration publique ou des entreprises publiques sont des organismes publics. 2/4 Article 3 : Ont la qualité d’organisme public : le gouvernement, les institutions de la République, le trésor public, les ministères, les services déconcentrés, les services décentralisés, les organismes scolaires et les établissements de santé ou de services sociaux, toutes autres personnes morales de droit public ainsi que les personnes morales de droit privé chargées d’une mission de service public. Tous les services relevant de l’administration publique ou des entreprises publiques sont des organismes publics. 2/2 Article 3 : Ont la qualité d’organisme public : le gouvernement, les institutions de la République, le trésor public, les ministères, les services déconcentrés, les services décentralisés, les organismes scolaires et les établissements de santé ou de services sociaux, toutes autres personnes morales de droit public ainsi que les personnes morales de droit privé chargées d’une mission de service public. Tous les services relevant de l’administration publique ou des entreprises publiques sont des organismes publics. 2/2 Article 3 : Ont la qualité d’organisme public : le gouvernement, les institutions de la République, le trésor public, les ministères, les services déconcentrés, les services décentralisés, les organismes scolaires et les établissements de santé ou de services sociaux, toutes autres personnes morales de droit public ainsi que les personnes morales de droit privé chargées d’une mission de service public. Tous les services relevant de l’administration publique ou des entreprises publiques sont des organismes publics. 1/2 Article 3 : Ont la qualité d’organisme public : le gouvernement, les institutions de la République, le trésor public, les ministères, les services déconcentrés, les services décentralisés, les organismes scolaires et les établissements de santé ou de services sociaux, toutes autres personnes morales de droit public ainsi que les personnes morales de droit privé chargées d’une mission de service public. Tous les services relevant de l’administration publique ou des entreprises publiques sont des organismes publics. 23/30
85 Cook Islands 1/2 11. Requests – (1) Any qualified person may request a Ministry or Minister of the Crown or organisation to make available to him or her or it, any specified official information. (2) The official information requested shall be spe cified with due particularity in the request. (3) If the person making the request asks that his request be treated as urgent, he shall give his reasons for seeking the i nformation urgently. 2/4 2. Interpretation - (1) In this Act, unless the context otherwise requires, - “Cook Islander” means a member of the Polynesian ra ce indigenous to the Cook Islands; “Document” means a document in any form, and includ es – (a) any writing on any material; (b) any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequ ently derived from information so recorded or stored; (c) any label, marking, or other writing that identifie s or describes any thing of which it forms part, or to which it is att ached by any means; (d) any book, map, plan, graph, or drawing; (e) any photograph, film, negative, tape, or other devi ce in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduce d; “International Organisation” means any organisation of States or Governments of States or any organ or agency of any such organisation; and includes the Commonwealth Secretariat; “Member” means, in relation to an organisation, any person (not being an officer or employee of the organisation) who, wheth er by election or appointment or otherwise, holds office as a member of the organisation and includes – (a) where the organisation is a company or corporation, a director; and (b) where the organisation is a trust, a trustee; and (c) any temporary, acting, or alternative member of the organisation; “Ministry” includes – (a) a Ministry including a department of the Govern ment of the Cook Islands set out in Schedule 1 to this Act; (b) a Ministry or department established after the coming into force of this Act, whether by statute or decision of the Exe cutive branch of the Government of the Cook Islands unless, in the s tatute or decision establishing the Ministry or department, it is spec ifically excluded from the operation of this Act; “Official information” (a) means any information held by – (i) a Ministry; or (ii) a Minister of the Crown in his or her offic ial capacity; or (iii) an organisation; and (b) includes any information held outside the Cook Isla nds by any branch or post of – (i) a Ministry; or (ii) an organisation; and (c) in relation to information held by the Ministry of Justice, includes information held by the Rules Committee established by section 102 of the Judicature Act 1980-81; and (d) in relation to information held by the Universi ty of the South Pacific, includes only information held by – (i) any full-time member of the academic staff of t he University in the Cook Islands; or (ii) any other full-time officer or employee of the University in the Cook Islands; or (iii) any examiner, assessor, or moderator in the C ook Islands in any subject or examination taught or conducted by t he University in the Cook Islands; but (e) does not include information contained in – (i) library or museum material made or acquired and preserved solely for reference or exhibition purposes; or (ii) material placed in the National Library by or on behalf of persons other than Ministers of the Crown in their official capacity or Ministries; and (f) does not include information which is held by a Ministry, Minister of the Crown, or organisation solely as an agent or for the sole purpose of safe custody and which is so held on beh alf of a person other than a Ministry or a Minister of the Crown in his or her official capacity or an organisation; and (g) does not include evidence given or submissions made to - (i) a commission of inquiry appointed by an Order i n Executive Council made under the Commissions of Inquiry Act 1 966; or (ii) a commission of inquiry or board of inquiry or court of inquiry or committee of inquiry appointed pursuant to, and not by, any provision of an Act to inquire into a s pecified matter; and (h) does not include information contained in any corre spondence or communication which has taken place between the off ice of the Ombudsman and any Ministry or Minister of the Crown or organisation and which relates to an investigation conducted by an Ombudsman under this Act or under the Ombudsman Act 1984, other than information that came into existence bef ore the commencement of that investigation; “Ombudsman” means the Ombudsman holding office unde r the Ombudsman Act 1984 2/2 11. Requests – (1) Any qualified person may request a Ministry or Minister of the Crown or organisation to make available to him or her or it, any specified official information. (2) The official information requested shall be spe cified with due particularity in the request. (3) If the person making the request asks that his request be treated as urgent, he shall give his reasons for seeking the i nformation urgently. 16. "Documents – (1) Where the information requested by any perso n is comprised in a document, that information may be ma de available in one or more of the following ways - (...) (e) by giving an excerpt or summary of the contents ; or (f) by furnishing oral information about its conte nts.(...)" 7/8 2. Interpretation - (1) In this Act, unless the context otherwise requires, - “Cook Islander” means a member of the Polynesian ra ce indigenous to the Cook Islands; “Document” means a document in any form, and includ es – (a) any writing on any material; (b) any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequ ently derived from information so recorded or stored; (c) any label, marking, or other writing that identifie s or describes any thing of which it forms part, or to which it is att ached by any means; (d) any book, map, plan, graph, or drawing; (e) any photograph, film, negative, tape, or other devi ce in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduce d; “International Organisation” means any organisation of States or Governments of States or any organ or agency of any such organisation; and includes the Commonwealth Secretariat; “Member” means, in relation to an organisation, any person (not being an officer or employee of the organisation) who, wheth er by election or appointment or otherwise, holds office as a member of the organisation and includes – (a) where the organisation is a company or corporation, a director; and (b) where the organisation is a trust, a trustee; and (c) any temporary, acting, or alternative member of the organisation; “Ministry” includes – (a) a Ministry including a department of the Govern ment of the Cook Islands set out in Schedule 1 to this Act; (b) a Ministry or department established after the coming into force of this Act, whether by statute or decision of the Exe cutive branch of the Government of the Cook Islands unless, in the s tatute or decision establishing the Ministry or department, it is spec ifically excluded from the operation of this Act; “Official information” (a) means any information held by – (i) a Ministry; or (ii) a Minister of the Crown in his or her offic ial capacity; or (iii) an organisation; and (b) includes any information held outside the Cook Isla nds by any branch or post of – (i) a Ministry; or (ii) an organisation; and (c) in relation to information held by the Ministry of Justice, includes information held by the Rules Committee established by section 102 of the Judicature Act 1980-81; and (d) in relation to information held by the Universi ty of the South Pacific, includes only information held by – (i) any full-time member of the academic staff of t he University in the Cook Islands; or (ii) any other full-time officer or employee of the University in the Cook Islands; or (iii) any examiner, assessor, or moderator in the C ook Islands in any subject or examination taught or conducted by t he University in the Cook Islands; but (e) does not include information contained in – (i) library or museum material made or acquired and preserved solely for reference or exhibition purposes; or (ii) material placed in the National Library by or on behalf of persons other than Ministers of the Crown in their official capacity or Ministries; and (f) does not include information which is held by a Ministry, Minister of the Crown, or organisation solely as an agent or for the sole purpose of safe custody and which is so held on beh alf of a person other than a Ministry or a Minister of the Crown in his or her official capacity or an organisation; and (g) does not include evidence given or submissions made to - (i) a commission of inquiry appointed by an Order i n Executive Council made under the Commissions of Inquiry Act 1 966; or (ii) a commission of inquiry or board of inquiry or court of inquiry or committee of inquiry appointed pursuant to, and not by, any provision of an Act to inquire into a s pecified matter; and (h) does not include information contained in any corre spondence or communication which has taken place between the off ice of the Ombudsman and any Ministry or Minister of the Crown or organisation and which relates to an investigation conducted by an Ombudsman under this Act or under the Ombudsman Act 1984, other than information that came into existence bef ore the commencement of that investigation; “Ombudsman” means the Ombudsman holding office unde r the Ombudsman Act 1984 0/4 0/4 2. "Interpretation (...) (6) For the avoidance of doubt, it is hereby decl ared that the terms “Ministry” and “organisation” do not include – (a) a Court(...)" 2/2 SCHEDULE 1 Ministries (including departments): Agriculture Audit Office Crown Law Office Cultural Development Disaster Management Office Education Energy National Environment Service Finance and Economic Management Financial Supervisory Commission Foreign Affairs and Immigration Human Resources Health Internal Affairs Justice Marine Resources Meteorological Service Ministerial Support Offices National Library Office of the Minister for Island Administration Office of the Prime Minister Parliamentary Services Police Public Service Commission Transport Waste Management Works Aitutaki Island Administration Office Atiu Island Administration Office Mangaia Island Administration Office Manihiki Island Administration Office Mauke Island Administration Office Mitiaro Island Administration Office Palmerston Island Administration Office Penrhyn Island Administration Office Pukapuka-Nassau Island Administration Office Rakahanga Island Administration Office Organisations Building Control Committee Business Trade & Investment Board Cook Islands Airport Authority Cook Islands Government Property Corporation Cook Islands Investment Corporation Cook Islands Marine Board Cook Islands National Superannuation Fund Cook Islands Pearl Authority Cook Islands Ports Authority Cook Islands Price Tribunal Cook Islands Tourism Marketing Corporation Cultural and Historic Places Board Higher Salaries Commission Island Councils Island Environment Authorities Leases Approval Tribunal Medical and Dental Council National Arts Council National Environment Council Nursing Council Parole Board Price Tribunal Public Expenditure Review Committee Rarotonga Local Government Remuneration Tribunal Seafood Export Advisory Council Liquor Licensing Authority Te Aponga Uira O Tumutevarovaro Transport Licensing Authority 1/2 2. "Interpretation (...) (6) For the avoidance of doubt, it is hereby decl ared that the terms “Ministry” and “organisation” do not include – (...) (b) in relation to its judicial functions, a Tribun al;(...)" 0/2 15/30
86 Guyana 0/2 12. (1) Notwithstanding any law to the contrary and subject to the provisions of this Act, it shall be the right of every Guyanese citizen or person domiciled in Guyana to obtain access to an official document. 2/4 2. “In this Act – (…) “document” – (a) has the same meaning as in section 89 A of the Evidence Act – “document includes – (i) books, maps, plans, graphs, drawings and photographs, (ii) any disc, tape, soundtrack or other device in which sound or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; (iii) any film, negative, tape or other device in which one or more visual images embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom”, (b) includes any copy of a record which can be reproduced from a machine readable record under the control of a public authority however generated, such copy being deemed to be a record under the control of the public authority, “exempt document” means a document referred to in Part V,(…)” 14. "(1) Subject to subsections (3) and (4) and subject to the provisions of any other written laws, access to records under this Act applies to all records in the custody or under the control of a public authority, including court administration records, but does not apply to the following - (...) (i) a record of an elected official of a local authority that is not in the custody or control of the local authority;(...) (4) Nothing in this Act shall be construed as compelling a public authority to disclose or make available any information or record created before the commencement of this Act." 2/2 2. “In this Act – (…) “document” – (a) has the same meaning as in section 89 A of the Evidence Act – “document includes – (i) books, maps, plans, graphs, drawings and photographs, (ii) any disc, tape, soundtrack or other device in which sound or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; (iii) any film, negative, tape or other device in which one or more visual images embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom”, (b) includes any copy of a record which can be reproduced from a machine readable record under the control of a public authority however generated, such copy being deemed to be a record under the control of the public authority, “exempt document” means a document referred to in Part V,(…)” 3/8 14. "(1) Subject to subsections (3) and (4) and subject to the provisions of any other written laws, access to records under this Act applies to all records in the custody or under the control of a public authority, including court administration records, but does not apply to the following - (...) (f) material placed in the archives of the Government of Guyana by or for a person or agency other than a public authority;(...)" 3/4 Article 2"public authority" means – (a) the National Assembly inclusive of parliamentary committees subject to the Standing Orders; (b) subject to section 4(2), the Caribbean Court of Justice, the Court of Appeal, the High Court, the Income Tax Board of Review or a Court of summary jurisdiction; (c) the Cabinet as constituted under the Constitution; (d) a Ministry or a department or division of a Ministry; (e) Local Democratic Organs established under the Municipal and District Councils Act, Local Government Act, Local Democratic Organs Act; (f) a Regional Health Authority established under the Regional Health Authorities Act 2005; (g) a statutory body, responsibility for which is assigned to a Minister; (h) a company incorporated under the laws of Guyana which is owned or controlled by the State; (i) a Constitutional Commission or any other Commission established by law; or (j) a body corporate or an unincorporated entity – (i) in relation to any function which it exercises on behalf of the State; (ii) which is established by or on behalf of the State; or (iii) which is supported, directly or indirectly, by Government funds and over which Government exercises control 14(1).(c) a record that is created by or for, or is in the custody or control of, an officer of the National Assembly and that relates to the exercise of that officer's functions under any law or standing orders or the disclosure of which will amount to a breach of privilege; 1/4 Article 2""public authority" means - (...)(b) subject to section 4(2), the Caribbean Court of Justice, the Court of Appeal, the High Court, the Income Tax Board of Review or a Court of summary jurisdiction;(...)" 4(2). For the purposes of this Act- (a) in relation to its or his judicial functions, a court or the holder of a judicial office or other office pertaining to a court in his capacity as the holder of that office, shall not be regarded as a public authority; (b) a registry or other office of court administration, and the staff of such a registry or other office of court administration in their capacity as members of that staff in relation to those matters which relate to court administration, shall be regarded as part of a public authority; (c) the disciplined forces in relation to their strategic or operational activities shall not be regarded as public authorities. 2/2 "public authority" means – (a) the National Assembly inclusive of parliamentary committees subject to the Standing Orders; (b) subject to section 4(2), the Caribbean Court of Justice, the Court of Appeal, the High Court, the Income Tax Board of Review or a Court of summary jurisdiction; (c) the Cabinet as constituted under the Constitution; (d) a Ministry or a department or division of a Ministry; (e) Local Democratic Organs established under the Municipal and District Councils Act, Local Government Act, Local Democratic Organs Act; (f) a Regional Health Authority established under the Regional Health Authorities Act 2005; (g) a statutory body, responsibility for which is assigned to a Minister; (h) a company incorporated under the laws of Guyana which is owned or controlled by the State; (i) a Constitutional Commission or any other Commission established by law; or (j) a body corporate or an unincorporated entity – (i) in relation to any function which it exercises on behalf of the State; (ii) which is established by or on behalf of the State; or (iii) which is supported, directly or indirectly, by Government funds and over which Government exercises control 1/2 "public authority" means – (a) the National Assembly inclusive of parliamentary committees subject to the Standing Orders; (b) subject to section 4(2), the Caribbean Court of Justice, the Court of Appeal, the High Court, the Income Tax Board of Review or a Court of summary jurisdiction; (c) the Cabinet as constituted under the Constitution; (d) a Ministry or a department or division of a Ministry; (e) Local Democratic Organs established under the Municipal and District Councils Act, Local Government Act, Local Democratic Organs Act; (f) a Regional Health Authority established under the Regional Health Authorities Act 2005; (g) a statutory body, responsibility for which is assigned to a Minister; (h) a company incorporated under the laws of Guyana which is owned or controlled by the State; (i) a Constitutional Commission or any other Commission established by law; or (j) a body corporate or an unincorporated entity – (i) in relation to any function which it exercises on behalf of the State; (ii) which is established by or on behalf of the State; or (iii) which is supported, directly or indirectly, by Government funds and over which Government exercises control 1/2 "public authority" means – (a) the National Assembly inclusive of parliamentary committees subject to the Standing Orders; (b) subject to section 4(2), the Caribbean Court of Justice, the Court of Appeal, the High Court, the Income Tax Board of Review or a Court of summary jurisdiction; (c) the Cabinet as constituted under the Constitution; (d) a Ministry or a department or division of a Ministry; (e) Local Democratic Organs established under the Municipal and District Councils Act, Local Government Act, Local Democratic Organs Act; (f) a Regional Health Authority established under the Regional Health Authorities Act 2005; (g) a statutory body, responsibility for which is assigned to a Minister; (h) a company incorporated under the laws of Guyana which is owned or controlled by the State; (i) a Constitutional Commission or any other Commission established by law; or (j) a body corporate or an unincorporated entity – (i) in relation to any function which it exercises on behalf of the State; (ii) which is established by or on behalf of the State; or (iii) which is supported, directly or indirectly, by Government funds and over which Government exercises control 15/30
87 Slovakia 2/2 Section 3,(1) \"Everybody shall have the right of access to information that the obliged persons have available. and Article 4, (1) \"An Applicant shall mean any natural or legal person requesting access to information.\" 4/4 Section 3(1) \"Everybody shall have the right of access to information that the obliged people have available.\" 2/2 Section 16 Disclosure of Information Upon Request \"(1) Information shall be disclosed mainly orally, by inspection of files, including the possibility to make a copy or notes, by transfer of data to a data carrier, disclosure of copies of original with requested information, by telephone, fax, mail or email. If it is not possible to provide information in a way requested by the Applicant, the Obliged person and the Applicant shall agree on a different way of providing the information. (2) The Obliged person shall enable anybody to make copies, notes or abstracts from files and documents without any requirement to prove legal or any other interest. (3) The Obliged person shall take measures to prevent violation of obligations under §8 to 12 by inspection of documents.\" 6/8 Section 2: Obliged persons \"(1) The persons obliged to provide access to information under this Act (hereinafter referred to as the “Obliged persons”) shall be state agencies, municipalities, as well as legal entities and natural persons that have been given the power by law to make decisions on the rights and obligations of natural persons or legal entities in the area of public administration, and that only within the scope of their decision-making power. (2) Legal entities established by law and legal entities established by state agency or municipality under a special law shall also be the obliged persons. 2) (3) Legal entities established by obliged persons in accordance with paragraph 1 and 2 shall also be the obliged persons. (4) A special law may also instruct other legal entities or natural persons to provide access to information.\" Section 5 Section 22 \"(1) Unless otherwise stipulated herein, general regulations on administrative proceedings shall apply to the proceedings under this Act. (2) Disclosure of information from state archives shall be governed by a special regulation.\" 1/4 Section 2: Obliged persons \"(1) The persons obliged to provide access to information under this Act (hereinafter referred to as the “Obliged persons”) shall be state agencies, municipalities, as well as legal entities and natural persons that have been given the power by law to make decisions on the rights and obligations of natural persons or legal entities in the area of public administration, and that only within the scope of their decision-making power. (2) Legal entities established by law and legal entities established by state agency or municipality under a special law shall also be the obliged persons. 2) (3) Legal entities established by obliged persons in accordance with paragraph 1 and 2 shall also be the obliged persons. (4) A special law may also instruct other legal entities or natural persons to provide access to information.\" 1/4 Section 2: Obliged persons \"(1) The persons obliged to provide access to information under this Act (hereinafter referred to as the “Obliged persons”) shall be state agencies, municipalities, as well as legal entities and natural persons that have been given the power by law to make decisions on the rights and obligations of natural persons or legal entities in the area of public administration, and that only within the scope of their decision-making power. (2) Legal entities established by law and legal entities established by state agency or municipality under a special law shall also be the obliged persons. 2) (3) Legal entities established by obliged persons in accordance with paragraph 1 and 2 shall also be the obliged persons. (4) A special law may also instruct other legal entities or natural persons to provide access to information.\" 2/2 Section 2: Obliged persons \"(1) The persons obliged to provide access to information under this Act (hereinafter referred to as the “Obliged persons”) shall be state agencies, municipalities, as well as legal entities and natural persons that have been given the power by law to make decisions on the rights and obligations of natural persons or legal entities in the area of public administration, and that only within the scope of their decision-making power. (2) Legal entities established by law and legal entities established by state agency or municipality under a special law shall also be the obliged persons. 2) (3) Legal entities established by obliged persons in accordance with paragraph 1 and 2 shall also be the obliged persons. (4) A special law may also instruct other legal entities or natural persons to provide access to information.\" 0/2 2/2 Section 2: Obliged persons \"(1) The persons obliged to provide access to information under this Act (hereinafter referred to as the “Obliged persons”) shall be state agencies, municipalities, as well as legal entities and natural persons that have been given the power by law to make decisions on the rights and obligations of natural persons or legal entities in the area of public administration, and that only within the scope of their decision-making power. (2) Legal entities established by law and legal entities established by state agency or municipality under a special law shall also be the obliged persons. 2) (3) Legal entities established by obliged persons in accordance with paragraph 1 and 2 shall also be the obliged persons. (4) A special law may also instruct other legal entities or natural persons to provide access to information.\" 20/30
88 Vietnam 0/2 Article 4(1): Citizens shall exercise the right to access to information as prescribed by this Law.; Article 36(1): Foreigners legally residing in Vietnam shall have the right to request for information directly related to their rights and obligations. 1/4 Article 2(1): Information means news, data created by state agencies, contained in documents, dossiers, materials in forms of hand-writing copies, printed copies, electronic copies, paintings, pictures, drawings, tapes, disks, videos, recordings or other forms.; Article 2(2): Information created by state agencies means news, data that are created by state agencies during the performance of their regulated functions, tasks and authority; and are signed, stamped or confirmed in written by the authorized person. 0/2 6/8 Article 9: (1) State agencies creating information shall be responsible for information provision, except for the cases regulated in Article 6 of this Law; for the cases regulated in Article 7 of this Law, information shall be provided when all conditions in accordance with the provisions of the law are met; Commune People’s Committee shall be responsible for providing information it has created or received to perform its functions, tasks and power, except for the cases regulated in Article 6 of this Law; for the cases regulated in Article 7 of this Law, information shall be provided when all conditions in accordance with the provisions of the law are met; (2) State agencies directly organize the provision of information, except for the following cases: (a) The Office of the National Assembly shall provide information created by the National Assembly and its bodies, Standing Committee of National Assembly’s bodies, National Election Council or the Office of the National Assembly and information created by itself; (b) The Office of the State President shall provide information created by the State President and information created by itself; (c) The Office of the Government shall provide information created by the Government, the Prime Minister and information created by itself; (d) Offices of the National Assembly Delegations shall provide information created by the National Assembly Delegations and information created by themselves; (e) Offices of People’s Councils of provinces and cities directly under the central management (hereinafter referred to as provincial level) shall provide information created by the People’s Councils, the Standing People’s Councils, departments of People’s Council or Offices of People’s Councils and information created by themselves; (f) Offices of People’s Committees of provinces and cities directly under the central management shall provide information created by People’s Committees, the Chairman of People’s Committees and information created by themselves; (g) Offices of People’s Councils and People’s Committees of districts, towns, provincial cities shall provide information created by People’s Councils, the Standing People’s Councils, People’s Committees, departments of People’s Council, People’s Committees, the Chairman of People’s Committees and information created by themselves; (h) Commune People\'s Committees shall have the responsibility to provide citizens residing in localities with information created by themselves or by other agencies at the same level, or received by themselves to perform their functions, tasks and power; provided other citizens with such information in case the information directly relates to their rights and legitimate interests; (i) Minister of Ministry of Defense, Minister of Ministry of Public Security appoint the focal point for provision of information in their organizations. 4/4 See Article 9 4/4 See Article 9 0/2 See Article 9 1/2 See Article 9 0/2 See Article 9 16/30
89 Israel 1/2 1: "Every Israeli citizen and resident has the right to obtain information from a public authority, according to the stipulations of this law." 2: "The following definitions apply to this law: <...> “Resident” – As defined in Section 1 of the Population Registration Law (5725-1965), or a corporation incorporated under Israeli law." 4/4 2: "The following definitions apply to this law: <...> “Information” – Any information in the possession of a public authority, whether written, recorded, filmed, photographed, or computerized; <...>" 2/2 8/8 14(4): "The stipulations of this law shall not apply to information given by the public authority to the State Archives, under the Archives Law (5715-1955)." 4/4 2: "The following definitions apply to this law: “Joint committee” – A joint committee of the Knesset Constitution, Law, and Justice Committee and the Knesset Foreign Affairs and Defense Committee; <...> “Public authority” – <...> 3. The Knesset; <...> 10. Any other agency fulfilling a public function, which is a controlled agency as defined in Section 9 of the State Comptroller Law (5718-1958), as determined by the Minister of Justice, with the approval of the Knesset Constitution, Law, and Justice Committee; such a ruling may apply either to all the activities of the agency, or only to certain activities; <...>" 1/4 2/2 2/2 1/2 25/30
90 Pakistan 0/2 Art 3 - no requester shall be denied access - but Art 12 defines requesters as citizens of Pakistan. 1/4 2(I) - any information used for an official purpose, and the Act does not cover information held by the body on behalf of someone else. 1/2 Expert - can apply for records or documents, but cannot ask questions. 5/8 2(h)(I) allows for any ministry or department of the federal governmentas well as dependent bodies that they establish, and includes the presidency and the archives but not the ministers themselves (1 point deducted). Regional bodies are not included but, as a federal state, this does not cost Pakistan points. Armed forces and security bodies are not covered (2 points deducted) 1/4 2(h)(ii) - covers the secretariat of parliament. Admin documents only. 4/4 2(h)(iv) seems to cover it entirely 2/2 2(h)(iii) - any body established under federal law would presumably include these bodies. 2/2 2(h)(III) 0/2 16/30
91 Japan 2/2 3: "Any person, as provided for by this law, may request to the head of an administrative organ (Provided that the organ is designated by the Cabinet Order of the preceding Article, paragraph 1, subparagraph (3), that person designated for each organ by Cabinet Order. Hereinafter the same.) the disclosure of administrative documents held by the administrative organ concerned." 4(1): "A request for disclosure as provided for by the preceding Article (Hereinafter referred to as a "disclosure request.") shall be submitted to the head of an administrative organ as a document (Hereinafter referred to as a "disclosure application.") in which are entered the following items. (1) The requester's full name or title, along with a permanent address or place of residence, as well as the full name of a representative in the case of a corporation or other group. (2) The titles of administrative documents or other particulars that will suffice to specify the administrative documents relevant to the disclosure request." 3/4 2(2): "For the purposes of this law "administrative document" means a document, drawing, and electromagnetic record (Meaning a record created in a form that cannot be recognized through one's sense of perception such as in an electronic form or magnetic form. Hereinafter the same.), that, having been prepared or obtained by an employee of an administrative organ in the course of his or her duties, is held by the administrative organ concerned for organizational use by its employees. However, the following are excluded: (1) Items published for the purpose of selling to many and unspecified persons, such as official gazettes, white papers, newspapers, magazines, and books. (2) In the case of archives and other organs designated by Cabinet Order, as provided for by Cabinet Order, items that are specially managed as either historical or cultural materials, or as materials for academic research." 1/2 2(2): "For the purposes of this law "administrative document" means a document, drawing, and electromagnetic record (Meaning a record created in a form that cannot be recognized through one's sense of perception such as in an electronic form or magnetic form. Hereinafter the same.), that, having been prepared or obtained by an employee of an administrative organ in the course of his or her duties, is held by the administrative organ concerned for organizational use by its employees. However, the following are excluded: (1) Items published for the purpose of selling to many and unspecified persons, such as official gazettes, white papers, newspapers, magazines, and books. (2) In the case of archives and other organs designated by Cabinet Order, as provided for by Cabinet Order, items that are specially managed as either historical or cultural materials, or as materials for academic research." 6/8 2: "1. For the purposes of this law "administrative organ" refers to the following organs. (1) Organs within the Cabinet or organs under the jurisdiction of the Cabinet that were established pursuant to law. (2) Organs established as administrative organs of the State as provided for in Article 3, paragraph 2 of the National Government Organization Law (Law No. 120 of 1948). (Provided that the organ is one in which an organ designated by the Cabinet Order referred to in the next subparagraph is established, the organ designated by the Cabinet Order is excluded.) (3) Facilities and other organs under Article 8, paragraph 2 of the National Government Organization Law, and extraordinary organs under Article 8, paragraph 3 of the same law, that are designated by Cabinet Order. (4) The Board of Audit 2. For the purposes of this law "administrative document" means a document, drawing, and electromagnetic record (Meaning a record created in a form that cannot be recognized through one's sense of perception such as in an electronic form or magnetic form. Hereinafter the same.), that, having been prepared or obtained by an employee of an administrative organ in the course of his or her duties, is held by the administrative organ concerned for organizational use by its employees. However, the following are excluded: (1) Items published for the purpose of selling to many and unspecified persons, such as official gazettes, white papers, newspapers, magazines, and books. (2) In the case of archives and other organs designated by Cabinet Order, as provided for by Cabinet Order, items that are specially managed as either historical or cultural materials, or as materials for academic research." Article 3(2) of the National Government Organization Law: "The national administrative organs to be established for the purpose of administrative organization shall be Office on the Ministerial Level, Ministry, Commission, and Agency. The establishment and abolition of such administrative organs shall be provided for by other law." 0/4 0/4 1/2 42: "Regarding corporations that were founded directly by law or founded through special establishing acts brought about by special laws (Excluding corporations not subject to Article 4, subparagraph 11 of the Management and Coordination Agency Establishment Law (Law No. 79 of 1973). Hereinafter referred to as "public corporations."), in accord with their character and type of business, the government shall take necessary measures such as legislative measures relating to the disclosure of information held by public corporations in order to promote the disclosure and provision of information held by public corporations." 1/2 0/2 14/30
92 Greece 2/2 Article 5. 1: “Any interested party is entitled, by written application, to be informed of administrative documents. [...]” Administrative Procedure Act, Article 3, Section 4. 4/4 Article 5. 1: “Any interested party is entitled, by written application, to be informed of administrative documents. Administrative documents are documents drawn up by 3 public services, such as reports, studies, minutes, statistical data, circulars, replies of the Administration, opinions and resolutions.\" 1/2 Article 5.1: “Any interested party is entitled, by written application, to be informed of administrative documents. Administrative documents are documents drawn up by 3 public services, such as reports, studies, minutes, statistical data, circulars, replies of the Administration, opinions and resolutions.\" Article 5.4: “The right of paragraphs 1 and 2 is exercised: a) by studying the document at the premises of the service or b) by issuing a copy, unless the reproduction thereof can prejudice the original. [...]” 4/8 Article 5.1: “Any interested party is entitled, by written application, to be informed of administrative documents. [...]” Article 5.3: “The right under the previous paragraph is not applicable in cases when the document concerns the private or family life of a third party or if there is violation of confidentiality stipulated by special provisions. The competent administrative authority may refuse to satisfy this right if the document refers to the discussions of the Cabinet of Ministers or if the satisfaction of this right may substantially obstruct the investigation of judicial, police or military authorities concerning the commission of a crime or an administrative violation.” 1/4 Article 5.1: “Any interested party is entitled, by written application, to be informed of administrative documents.[...]” 0/4 0/2 0/2 0/2 12/30
93 Denmark 2/2 Section 4.1 "Subject to the exceptions in Sections 7-14 of this Act, any person may ask to see documents received or issued by an administrative authority in the course of its activity. […]" 2/4 Section 5.2 "The right of access to administrative documents shall not apply to registers or other systematic records processed electronically, with the exception of the records referred to in point 2 of paragraph 1." Section 7.1. "The right of access to files shall not apply to an authority's internal working documents.<...>" Section 10. "The right of access to files shall not apply to: 1) records of meetings of the Council of State, minutes of meetings of ministers and documents prepared by an authority for use at such meetings; 2) correspondence between ministries on legislation, including appropriation acts; 3) documents drawn up in connection with considering proposals for decisions to be taken by the European Community or to do with the interpretation of or compliance with EC rules; 4) documents exchanged in connection with one authority acting as a secretariat for another authority; 5) correspondence between authorities and outside experts for use in court proceedings or in deliberations on possible legal proceedings; 6) material gathered as a basis for compiling public statistics or scientific research." 1/2 Chapter 2: Right of access to administrative documents. Section 5.2 "The right of access to administrative documents shall not apply to registers or other systematic records processed electronically, <...>". 7/8 Chapter 1, Section 1; "This Act shall apply to all activity exercised by public administrative authorities, but see also Sections 2 and 3." Article 5, Section 2 : "The right of access to administrative documents shall not apply to registers or other systematic records processed electronically, <...>". 1/4 Chapter 1, Section 1. "This Act shall apply to all activity exercised by public administrative authorities, [...]." Art. 5.2 "The right of access to administrative documents shall not apply to registers or other systematic records processed electronically,[...]". 0/4 Chapter 1, Section 2.1: "This Act shall not apply to criminal justice cases. […]" 0/2 2/2 Chapter 1, Section 1. "This Act shall apply to all activity exercised by public administrative authorities, but see also Sections 2 and 3." 2/2 Chapter 1, Section 3. "After consulting with the Minister for Justice, the minister concerned may stipulate that this Act shall apply also to specified companies, institutions, associations etc. that cannot be classified as part of the public administration, provided that the operating expenses of such entities are mainly covered by central or local government funds or to the extent that they are empowered by law or provisions laid down pursuant thereto to make decisions on behalf of central or local governments. The minister concerned may also lay down more detailed rules on document filing etc." 17/30
94 Guinea 1/2 Article 1: "The right of access to public information is guaranteed in accordance with the provisions of article 7 of the Constitution. Access to information is a fundamental right of everyone bringing together freedom of information and the right to information. Every person, irrespective of nationality or profession, can request and obtain information wherever without having to justify the purpose of the information. The public body, or any considered as such, has a responsibility to assist requesters in their search for information." 3/4 3: "According to the present organic law and its regulations, a - Document: all information recorded in any form, however its nature, its subject or origin; - Public body: all structures created by the state or its decentralized bodies - Organ similar to a public body: all structures that are part of a public body, all bodies controlled, or receiving majority of its funding from the state, or all private bodies to which the state or its decentralized structures have assigned a mission." 5: "Subject to the exceptions listed in chapter IV of the present organic law, and without justifying the reason for the request, every person has the right to obtain information held by public bodies or affiliated structures. The following documents are accessible: legislative and regulatory texts, documents, reports, studies, reviews, minutes, statistics, directives, instructions, circulars, manuals of administrative procedures, opinions, decisions, vacancy announcements, and call for tenders." 6: "The right of access to information implies consulting a document produced or preserved by a public body or an affiliated structure and to make notes, obtain copies or photocopies and to obtain on electronic format." 1/2 5: "Subject to the exceptions listed in chapter IV of the present organic law, and without justifying the reason for the request, every person has the right to obtain information held by public bodies or affiliated structures. The following documents are accessible: legislative and regulatory texts, documents, reports, studies, reviews, minutes, statistics, directives, instructions, circulars, manuals of administrative procedures, opinions, decisions, vacancy announcements, and call for tenders." 6: "The right of access to information implies consulting a document produced or preserved by a public body or an affiliated structure and to make notes, obtain copies or photocopies and to obtain on electronic format." 8/8 3: "According to the present organic law and its regulations, a - Document: all information recorded in any form, however its nature, its subject or origin; - Public body: all structures created by the state or its decentralized bodies - Organ similar to a public body: all structures that are part of a public body, all bodies controlled, or receiving majority of its funding from the state, or all private bodies to which the state or its decentralized structures have assigned a mission." 4/4 3: "According to the present organic law and its regulations, a - Document: all information recorded in any form, however its nature, its subject or origin; - Public body: all structures created by the state or its decentralized bodies - Organ similar to a public body: all structures that are part of a public body, all bodies controlled, or receiving majority of its funding from the state, or all private bodies to which the state or its decentralized structures have assigned a mission." 4/4 3: "According to the present organic law and its regulations, a - Document: all information recorded in any form, however its nature, its subject or origin; - Public body: all structures created by the state or its decentralized bodies - Organ similar to a public body: all structures that are part of a public body, all bodies controlled, or receiving majority of its funding from the state, or all private bodies to which the state or its decentralized structures have assigned a mission." 2/2 3: "According to the present organic law and its regulations, a - Document: all information recorded in any form, however its nature, its subject or origin; - Public body: all structures created by the state or its decentralized bodies - Organ similar to a public body: all structures that are part of a public body, all bodies controlled, or receiving majority of its funding from the state, or all private bodies to which the state or its decentralized structures have assigned a mission." 2/2 3: "According to the present organic law and its regulations, a - Document: all information recorded in any form, however its nature, its subject or origin; - Public body: all structures created by the state or its decentralized bodies - Organ similar to a public body: all structures that are part of a public body, all bodies controlled, or receiving majority of its funding from the state, or all private bodies to which the state or its decentralized structures have assigned a mission." 2/2 3: "According to the present organic law and its regulations, a - Document: all information recorded in any form, however its nature, its subject or origin; - Public body: all structures created by the state or its decentralized bodies - Organ similar to a public body: all structures that are part of a public body, all bodies controlled, or receiving majority of its funding from the state, or all private bodies to which the state or its decentralized structures have assigned a mission." 27/30
95 France 2/2 Art1.1 Le droit de toute personne 4/4 Art 1 Sont considérés comme documents administratifs, au sens des chapitres Ier, III et IV du présent titre, quels que soient leur date, leur lieu de conservation, leur forme et leur support, les documents produits ou reçus, dans le cadre de leur mission de service public, 1/2 8/8 Art1.2 0/4 Art 1.3, excludes legislative 1/4 0/2 Art 1 et 2 0/2 Art 1 and 3 excludes bodies 1/2 Art 1 and art.2, it doesn\'t apply to commercial enitities owned by the state, only to entities charged with a \"public mission\" (they might not even be owned by the state, just have a contract). 17/30
96 Iceland 1/2 2/4 Article 1.Scope: " This Act applies to State and municipal administration. Furthermore, the Act applies to the activities of private parties insofar as they have been assigned official power to take decisions regarding individual rights or obligations". Article 2 Scope in relation to other statutes and international agreements: "This Act does not apply to registrations, enforcement proceedings, the arrest of property, attachments, injunctions, sales in execution, payment moratoria, compositions, liquidations, probate or other official divisions, or to investigations and prosecutions in criminal cases. The Act does not cover access to information under the Administrative Procedures Act. Nor does the Act cover access to information under the Act on the Protection of Privacy as Regards the Processing of Personal Data, unless access is requested to documents or other material covered by the second paragraph of Art. 3 of the present Act. In addition, the present Act shall not apply where international agreements to which Iceland is a party dictate otherwise. Provisions which in any other statute authorise more extensive access to information shall retain their force. General statutory provisions on confidentiality shall not restrict access to material according to this Act." Article 3 Right to information: "Upon request, governmental authorities are required to grant the public access to available material on specific matters, subject to the restrictions stated in Art. 4-6. Nonetheless, governmental authorities are not required to prepare new documents or other material, exceeding what can be inferred from Art. 7. The right of access to material shall apply to: Any documents concerning the matter, including any copies of letters sent by a government authority, providing it may be assumed that they have been delivered to the recipient 1. Any other material concerning the matter, such as drawings, plans, maps, pictures, microfilms and material saved on computers 2. Diary entries concerning material relating to the matter, and lists of material on the matter Governmental authorities shall be permitted to grant more extensive access to material than is prescribed in this Chapter, unless this is precluded by statutory provisions on secrecy obligations. 3. Article 4 Material exempted from the right to information: "The public right of access to material shall not extend to: Minutes of State Council meetings and Cabinet meetings, memoranda at ministerial meetings, or the documents prepared for such meetings 1. Correspondence between governmental authorities and experts for use in legal proceedings or in investigating whether or not to initiate such proceedings 2. The working documents a government authority has written for its own use; nonetheless, access shall be granted to working documents if they contain a final decision on the handling of a matter, or information not available from any other source 3. Applications for employment by state or local authorities or material related to the applications; nonetheless, information on the names, addresses and job titles of the applicants must be provided after the application deadline has expired." 1/2 Article 3 Right to information: "Upon request, governmental authorities are required to grant the public access to available material on specific matters, subject to the restrictions stated in Art. 4-6. Nonetheless, governmental authorities are not required to prepare new documents or other material, exceeding what can be inferred from Art. 7. The right of access to material shall apply to: Any documents concerning the matter, including any copies of letters sent by a government authority, providing it may be assumed that they have been delivered to the recipient 1. Any other material concerning the matter, such as drawings, plans, maps, pictures, microfilms and material saved on computers 2. Diary entries concerning material relating to the matter, and lists of material on the matter Governmental authorities shall be permitted to grant more extensive access to material than is prescribed in this Chapter, unless this is precluded by statutory provisions on secrecy obligations." 5/8 Article 1 Scope: "This Act applies to State and municipal administration. Furthermore, the Act applies to the activities of private parties insofar as they have been assigned official power to take decisions regarding individual rights or obligations." Article 2 Scope in relation to other statutes and international agreements: "This Act does not apply to registrations, enforcement proceedings, the arrest of property, attachments, injunctions, sales in execution, payment moratoria, compositions, liquidations, probate or other official divisions, or to investigations and prosecutions in criminal cases. The Act does not cover access to information under the Administrative Procedures Act. Nor does the Act cover access to information under the Act on the Protection of Privacy as Regards the Processing of Personal Data, unless access is requested to documents or other material covered by the second paragraph of Art. 3 of the present Act. In addition, the present Act shall not apply where international agreements to which Iceland is a party dictate otherwise. Provisions which in any other statute authorise more extensive access to information shall retain their force. General statutory provisions on confidentiality shall not restrict access to material according to this Act." 0/4 Article 1 Scope: "This Act applies to State and municipal administration. Furthermore, the Act applies to the activities of private parties insofar as they have been assigned official power to take decisions regarding individual rights or obligations." 0/4 Article 1 Scope: "This Act applies to State and municipal administration. Furthermore, the Act applies to the activities of private parties insofar as they have been assigned official power to take decisions regarding individual rights or obligations." 0/2 0/2 1/2 Article 1 Scope: "This Act applies to State and municipal administration. Furthermore, the Act applies to the activities of private parties insofar as they have been assigned official power to take decisions regarding individual rights or obligations." 10/30
97 Lithuania 2/2 Article 2. Principal Concepts of this Law "<...> 9. “Person” means a natural or legal person and branches of enterprises established in the Member States of the European Union and the states of the European Economic Area located in the Republic of Lithuania. <...>" Article 4. Freedom of Information "1. Every person shall have the right to freely express his ideas and convictions and to collect, obtain and disseminate information and ideas. The right to collect, obtain and disseminate information may not be restricted otherwise than under the law where it is necessary to protect the constitutional system, a person’s health, honour, dignity, private life and morality. <...>" 4/4 Article 2. “<...> 37. "Official documents of state and municipal institutions and agencies” means written, graphic, audio, computer information or other documents relating to the activities of state and municipal institutions, enterprises and agencies and persons authorised by the State produced, approved or received by them in the course of exercising the powers established by regulations which are entered in the records of documents of the said institutions, enterprises and agencies.<...>" 2/2 Article.2 8/8 Article 1. Purpose of the Law "1. This Law shall establish the procedure for collecting, producing, publishing and disseminating public information and the rights, duties and liability of producers and disseminators of public information, their participants, journalists and institutions regulating their activities. 2. This Law shall implement the legal acts of the European Union listed in the Annex to this Law." 4/4 Article 1. Purpose of the Law "1. This Law shall establish the procedure for collecting, producing, publishing and disseminating public information and the rights, duties and liability of producers and disseminators of public information, their participants, journalists and institutions regulating their activities. 2. This Law shall implement the legal acts of the European Union listed in the Annex to this Law." 4/4 Article 1. Purpose of the Law "1. This Law shall establish the procedure for collecting, producing, publishing and disseminating public information and the rights, duties and liability of producers and disseminators of public information, their participants, journalists and institutions regulating their activities. 2. This Law shall implement the legal acts of the European Union listed in the Annex to this Law." 0/2 0/2 0/2 24/30
98 Paraguay 1/2 Article 4. Scope and gratuity. Any person, without discrimination of any kind, you can access public information, free of charge and without any need to justify the reasons for formulating your order according to the procedure established by this Law. 3/4 2) Public information: That produced, obtained under control or possession of public sources, regardless of format, medium, date of creation, origin, classification or processing, unless it is established as a secret or confidential nature by laws. 0/2 Article 18 Prohibitions. Data output of original records or files public sources on which they are stored shall be permitted, nor may request evaluations or analyzes that are not within the scope of its functions are carried out. 8/8 Article 2. definitions. For the purposes of this Act, shall be construed as: 1 Public sources: Are the following organisms: ... b) The Executive, its ministries, departments and all other administrative bodies as well as the Attorney General's Office and the National Police; d) The Armed Forces of the Nation; e) The Ombudsman, the Comptroller General of the Republic and the Central Bank of Paraguay; g) The national universities; h) The departmental and municipal governments; e, 4/4 Article 2. definitions. For the purposes of this Act, shall be construed as: 1 Public sources: Are the following organisms: a) The Legislature, its chambers, committees and all administrative bodies and Parliamentarians of the Southern Common Market (MERCOSUR); 4/4 Article 2. definitions. For the purposes of this Act, shall be construed as: 1 Public sources: Are the following organisms: … (c) The judiciary, the Judicial Council, the Prosecution Panel of Judges, prosecutors and the Electoral Courts; 2/2 2(f) The state financial institutions, public companies, commercial companies with state participation, the mixed companies, regulatory or supervisory authorities and all other decentralized entities with legal personality under public law; 2/2 2(i) i) Mixed binational commissions and participating entities in the Republic of Paraguay. The officers, directors and Paraguayan directors of these public agencies shall ensure the effective exercise of the right of people to seek and receive information of the public. 0/2 24/30
99 Mozambique 1/2 ARTIGO 14 (Legitimacy) 1. Every citizen has the right to request and to receive information of public interest. 2. The right in the previous number may also be exercised by legal persons and by the media. 4/4 Glossary Information – Indicate knowledge, statistics, reports and other forms and ways of expression, whether written down or codified, including books, magnetic tapes, videos, electronic digitations contained in every register kept by the public or private entities, as in the present law, regardless of their form, the way of archiving in documents bands electronic files and any other permitted by the law, their public or private source, the date of their production. 2/2 Glossary Information – Indicate knowledge, statistics, reports and other forms and ways of expression, whether written down or codified, including books, magnetic tapes, videos, electronic digitations contained in every register kept by the public or private entities, as in the present law, regardless of their form, the way of archiving in documents bands electronic files and any other permitted by the law, their public or private source, the date of their production. 8/8 ARTIGO 3 (Scope) The present law applies to the organs and institutions of the Country, of the direct and indirect administration, to the representations abroad, to local autarchies, as well as to the private entity which, under the law or under agreement, achieve activities of public interest, or which benefit of public resources of any origin in their activities and are in possession of public interest information. Right to Information Law Regulation ARTIGO 2 (Scope) 1.The present Regulation applies to the organs and institutions of the Country, of the direct and indirect administration, to the representations abroad, to local autarchies, as well as to the private entities which, under the law or under agreement, achieve activities of public interest, or which benefit of public resources of any origin in their activities and are in possession of public interest information. 2. For the purpose of the previous number are entrusted with the duty of providing information the private entities which: a) As concluded the an administrative contract, of any nature, with any public authority of direct, indirect or autarchic administration; b) Are bounded by public-private partnership contract; c) Benefits of the (special) status of public utility; d) Are financed by the State or by any public authority which enjoys of administrative and financial autonomy; e) Independently from any link with the Government or other public authorities, are in possession of relevant information for the defense of the fundamental rights or other constitutional values. 0/4 ARTIGO 3 (Scope) The present law applies to the organs and institutions of the Country, of the direct and indirect administration, to the representations abroad, to local autarchies, as well as to the private entity which, under the law or under agreement, achieve activities of public interest, or which benefit of public resources of any origin in their activities and are in possession of public interest information. 0/4 ARTIGO 3 (Scope) The present law applies to the organs and institutions of the Country, of the direct and indirect administration, to the representations abroad, to local autarchies, as well as to the private entity which, under the law or under agreement, achieve activities of public interest, or which benefit of public resources of any origin in their activities and are in possession of public interest information. 0/2 ARTIGO 3 (Scope) The present law applies to the organs and institutions of the Country, of the direct and indirect administration, to the representations abroad, to local autarchies, as well as to the private entity which, under the law or under agreement, achieve activities of public interest, or which benefit of public resources of any origin in their activities and are in possession of public interest information. 1/2 ARTIGO 3 (Scope) The present law applies to the organs and institutions of the Country, of the direct and indirect administration, to the representations abroad, to local autarchies, as well as to the private entity which, under the law or under agreement, achieve activities of public interest, or which benefit of public resources of any origin in their activities and are in possession of public interest information. 1/2 ARTIGO 3 (Scope) The present law applies to the organs and institutions of the Country, of the direct and indirect administration, to the representations abroad, to local autarchies, as well as to the private entity which, under the law or under agreement, achieve activities of public interest, or which benefit of public resources of any origin in their activities and are in possession of public interest information. Right to Information Law Regulation ARTIGO 2 (Scope) For the purpose of the previous number are entrusted with the duty of providing information the private entities which: a) As concluded the an administrative contract, of any nature, with any public authority of direct, indirect or autarchic administration; b) Are bounded by public-private partnership contract; c) Benefits of the (special) status of public utility; d) Are financed by the State or by any public authority which enjoys of administrative and financial autonomy; Independently from any link with the Government or other public authorities, are in possession of relevant information for the defense of the fundamental rights or other constitutional values. 17/30
100 Dominican Republic 1/2 ARTICLE 1. "Toda persona tiene derecho a solicitar y a recibir información completa, veraz, adecuada y oportuna, de cualquier ór gano del Estado Dominicano, y de todas las sociedades anónimas, compañías anónimas o compañías por acciones con participación estatal,(...)" 2/4 ARTICLE 2. Este derecho de información comprende el derecho de acceder a las informaciones contenidas en actas y expedientes de la administración pública, así como a estar informada periódicamente, cuando lo requiera, de las actividades que desarrollan entidades y personas que cumplen funciones públicas, siempre y cuando este acceso no afecte la seguridad nacional, el orden público, la salud o la moral públicas o el derecho a la privacidad e intimidad de un tercero o el derecho a la reputación de los demás. También comprende la libertad de buscar, solicitar, recibir y difundir informaciones pertenecientes a la administración del Estado y de formular consultas a las entidades y personas que cumplen funciones públicas, teniendo derecho a obtener copia de los documentos que recopilen información sobre el ejercicio de las actividades de su competencia, con las únicas limitaciones, restricciones y condiciones establecidas en la presente ley. Párrafo: Para los efectos de esta le y se entenderá por actas y expedien tes a todos aquellos documentos conservados o grabados de manera escrita, óptica, acústica o de cualquier otra forma, que cumplan fines u objetivos de carácter público. No se considerarán actas o expedientes aquellos borradores o proyectos que no constituyen documentos definitivos y que por tanto no forman parte de un procedimiento administrativo. 2/2 ARTICLE 2. "Este derecho de información comprende el derecho de acceder a las informaciones contenidas en actas y expedientes de la administración pública, así como a estar informada periódicamente,(...)" 8/8 ARTICLE 1. Toda persona tiene derecho a solicitar y a recibir información completa, veraz, adecuada y oportuna, de cualquier órgano del Estado Dominicano, y de todas las sociedades anónimas, compañías anónimas o compañías por acciones con participación estatal, incluyendo: a) Organismos y entidades de la administración pública centralizada; b) Organismos y entidades autónomas y/o descentralizadas del Estado, incluyendo el Distrito Nacional y los organismos municipales;(...) 1/4 ARTICLE 1. Toda persona tiene derecho a solicitar y a recibir información completa, veraz, adecuada y oportuna, de cualquier órgano del Estado Dominicano, y de todas las sociedades anónimas, compañías anónimas o compañías por acciones con participación estatal, incluyendo: (...) g) El Poder Legislativo, en cuanto a sus actividades administrativas; (...) 1/4 ARTICLE 1. Toda persona tiene derecho a solicitar y a recibir información completa, veraz, adecuada y oportuna, de cualquier órgano del Estado Dominicano, y de todas las sociedades anónimas, compañías anónimas o compañías por acciones con participación estatal, incluyendo: (...) h) El Poder Judicial, en cuanto a sus actividades administrativas. 2/2 ARTICLE 1. Toda persona tiene derecho a solicitar y a recibir información completa, veraz, adecuada y oportuna, de cualquier órgano del Estado Dominicano, y de todas las sociedades anónimas, compañías anónimas o compañías por acciones con participación estatal, incluyendo: (...) d) Empresas y sociedades comerciales propiedad del Estado; (...) f) Organismos e instituciones de derecho privado que reciban recursos provenientes del Presupuesto Nacional para la consecución de sus fines; 2/2 ARTICLE 1. Toda persona tiene derecho a solicitar y a recibir información completa, veraz, adecuada y oportuna, de cualquier órgano del Estado Dominicano, y de todas las sociedades anónimas, compañías anónimas o compañías por acciones con participación estatal, incluyendo: a) Organismos y entidades de la administración pública centralizada;(...) c) Organismos y entidades autárq uicos y/o descentralizados del Estado; 2/2 ARTICLE 1. Toda persona tiene derecho a solicitar y a recibir información completa, veraz, adecuada y oportuna, de cualquier órgano del Estado Dominicano, y de todas las sociedades anónimas, compañías anónimas o compañías por acciones con participación estatal, incluyendo:(...) f) Organismos e instituciones de derecho privado que reciban recursos provenientes del Presupuesto Nacional para la consecución de sus fines; ARTICLE 2. Este derecho de información comprende el derecho de acceder a las informaciones contenidas en actas y expedientes de la administración pública, así como a estar informada periódicamente, cuando lo requiera, de las actividades que desarrollan entidades y personas que cumplen funciones públicas, siempre y cuando este acceso no afecte la seguridad nacional, el orden público, la salud o la moral públicas o el derecho a la privacidad e intimidad de un tercero o el derecho a la reputación de los demás. También comprende la libertad de buscar, solicitar, recibir y difundir informaciones pertenecientes a la administración del Estado y de formular consultas a las entidades y personas que cumplen funciones públicas, teniendo derecho a obtener copia de los documentos que recopilen información sobre el ejercicio de las actividades de su competencia, con las únicas limitaciones, restricciones y condiciones establecidas en la presente ley. Párrafo: Para los efectos de esta le y se entenderá por actas y expedien tes a todos aquellos documentos conservados o grabados de manera escrita, óptica, acústica o de cualquier otra forma, que cumplan fines u objetivos de carácter público. No se considerarán actas o expedientes aquellos borradores o proyectos que no constituyen documentos definitivos y que por tanto no forman parte de un procedimiento administrativo. 21/30
101 Belgium 2/2 Loi n° 94-1724, Article 4: "Le droit de consulter un document administratif d'une autorité administrative fédérale et de recevoir une copie du document consiste en ce que chacun, selon les conditions prévues par la présente loi, peut prendre connaissance sur place de tout document administratif, obtenir des explications à son sujet et en recevoir communication sous forme de copie" 4/4 Loi n° 94-1724, Article 1.b.2: "Document administratif : toute information, sous quelque forme que ce soit, dont une autorité administrative dispose". 2/2 Loi n° 94-1724, Article 1.b.2 (see above) and • Art. 4. "Le droit de ... obtenir des explications à son sujet et en recevoir communication sous forme de copie." 7/8 Loi n° 94-1724, Article 1.b: «Autorité administrative: une autorité administrative visée à l'article 14 des lois coordonnées sur le Conseil d'Etat »; 1/4 Loi n° 94-1724, Article 1.b: «Autorité administrative: une autorité administrative visée à l'article 14 des lois coordonnées sur le Conseil d'Etat »; 1/4 Loi n° 94-1724, Article 1.b: «Autorité administrative: une autorité administrative visée à l'article 14 des lois coordonnées sur le Conseil d'Etat »; 0/2 Not mentioned 0/2 0/2 Not mentioned. 17/30
102 Uzbekistan 2/2 Article 9 1/4 Article 3 - very open ended definition of information, but Art 8 only requires state institutions to make available information if the requester has a legitimate interest in obtaining it. 2/2 Article 3 8/8 According to Article 7 the law applies broadly to all state institutions. 4/4 .. 4/4 .. 2/2 .. 2/2 .. 0/2 This is not listed in the law. 25/30
103 Taiwan 1/2 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. 4/4 Art 3 - "produces or acquires" 1/2 No - according to Art 10 (confirmed by expert) you can only ask for specific documents 8/8 Art 4 - any central or local government agency - this covers all of the executive according to our expert. 2/4 Art 4 applies to the legislature, but excludes records of inter-party negotiation procedures as well as the minutes of Ad hoc Committees. 1/4 Art 4 covers the judiciary, but most of the information is excluded according to the “Enforcement Rules of Constitutional Interpretation Procedure Act.” - http://leahahaha.posterous.com/32333849 0/2 No - http://learning.udnjob.com/mag2/hr/storypage.jsp?f_ART_ID=18849 2/2 Yes - http://www.twmedia.org/filedonwload/ncc/ncc_04.pdf 2/2 Yes - Art 4 21/30
104 Kazakhstan 2/2 Art.1. 3) an information user – an individual or a legal entity, requesting and (or) using information; 0/4 1. 1) information – data on persons, objects, facts, events and processes, which is received or created by an information holder, recorded on any device and which possesses prerequisites that allow to identify such data; 8) information with limited access – information that is classified as state secrets, personal, family, medical, banking, commercial and other types of secrets protected by law, and also official information noted as “for official use only”; 3 1. This Law applies throughout the territory of the Republic of Kazakhstan and regulates public relationships created by providing access to information, the latter not related to information with limited access. 2/2 1. 1) information – data on persons, objects, facts, events and processes, which is received or created by an information holder, recorded on any device and which possesses prerequisites that allow to identify such data; 8) information with limited access – information that is classified as state secrets, personal, family, medical, banking, commercial and other types of secrets protected by law, and also official information noted as “for official use only”; 3 1. This Law applies throughout the territory of the Republic of Kazakhstan and regulates public relationships created by providing access to information, the latter not related to information with limited access. 8/8 8 1) bodies and institutions of legislative, executive branches of state power and court system, as well as local state administration and self−administration; 4/4 8 1) bodies and institutions of legislative, executive branches of state power and court system, as well as local state administration and self−administration; 4/4 8 1) bodies and institutions of legislative, executive branches of state power and court system, as well as local state administration and self−administration; 2/2 \"8 2) state institutions which are not state bodies; 3) subjects of quasi− state sector; 4) legal entities – receivers of budget funds, in respect to information concerning the usage of funds received from state budgets; \" 2/2 \"8 2) state institutions which are not state bodies; 3) subjects of quasi− state sector; 4) legal entities – receivers of budget funds, in respect to information concerning the usage of funds received from state budgets; \" 2/2 \"8 4) legal entities – receivers of budget funds, in respect to information concerning the usage of funds received from state budgets; 5) legal entities – subjects of the market which enjoy a dominant or monopoly status in the market, in respect to information concerning prices for goods (works, services) produced (sold) by them; 6) legal entities possessing information concerning ecological situation, emergency situations, natural and techno genic catastrophes, their forecast and consequences, fire security, sanitary-epidemiological and radiation conditions and food security and other factors which create a negative impact on health and security of people, settlements and industrial objects. \" 26/30
105 Germany 2/2 Section 1: \\\"(1) Everyone is entitled to official information from the authorities of the Federal Government in accordance with the provisions of this Act.\\\" 3/4 Section 2: \\\"1. official information shall be defined as every record serving official purposes, irrespective of the mode of storage. This shall not include drafts and notes which are not intended to form part of a file;\\\". 2/2 Section 2. Definitions. \\\"For the purposes of this Act, 1. official information shall be defined as every record serving official purposes, irrespective of the mode of storage. This shall not include drafts and notes which are not intended to form part of a file; 2. a third person shall be defined as anyone on whom personal data or other information are held.\\\" 4/8 Section 1: \\\"(1) Everyone is entitled to official information from the authorities of the Federal Government in accordance with the provisions of this Act.\\\" 1/4 This Act shall apply to other Federal bodies and institutions insofar as they discharge administrative tasks under public law. For the purposes of these provisions, a natural or legal person shall be treated as equivalent to an authority where an authority avails itself of such a person in discharging its duties under public law. 1/4 This Act shall apply to other Federal bodies and institutions insofar as they discharge administrative tasks under public law. For the purposes of these provisions, a natural or legal person shall be treated as equivalent to an authority where an authority avails itself of such a person in discharging its duties under public law. 2/2 This Act shall apply to other Federal bodies and institutions insofar as they discharge administrative tasks under public law. For the purposes of these provisions, a natural or legal person shall be treated as equivalent to an authority where an authority avails itself of such a person in discharging its duties under public law. 2/2 This Act shall apply to other Federal bodies and institutions insofar as they discharge administrative tasks under public law. For the purposes of these provisions, a natural or legal person shall be treated as equivalent to an authority where an authority avails itself of such a person in discharging its duties under public law. 2/2 This Act shall apply to other Federal bodies and institutions insofar as they discharge administrative tasks under public law. For the purposes of these provisions, a natural or legal person shall be treated as equivalent to an authority where an authority avails itself of such a person in discharging its duties under public law. 19/30
106 Jordan 0/2 7 - citizens only. 4/4 Definition of "information" 0/2 8/8 Definition of "department" 4/4 Definition of "department" 4/4 Definition of "department" 2/2 Definition of "department" 2/2 Definition of "department" 1/2 Companies that are "in charge of the management of a public facility" 25/30
107 Iran 0/2 Article 2- every Iranian citizen has the right to have access to public information, unless otherwise prohibited by law . The use of public information shall be consistent with related laws and regulations. 0/4 Art 1.A-Information: Any data that has been recorded as document or saved in a software format or restored in any other setup. C-Public Information: Non-personal information such as regulations and bylaws, national and official statistics and numbers, office documents and correspondence that are not covered under the exceptions mentioned in chapter 4 of this law. Article 3-every person can prevent the publication or distribution of the information which is produced by him/herself, in case it has been altered through the process of publication, on condition that this information has not been collected and prepared as the result of someone else’s order. If so, the [process] must follow the terms of the contract between them. 2/2 1 A-Information: Any data that has been recorded as document or saved in a software format or restored in any other setup. 8/8 Art. 1 D-Public Institutions: Generally speaking, institutions and entities affiliated to the state that include all their components and constituents that have been mentioned in the laws of Islamic Republic of Iran.E-Private Institutions: Private institutions in this law, include all the for-profit and non-profit intuitions except public institutions. Regulation H-Public Institutions: Institutions and organizations affiliate to state in general including executive bodies subject to article (5) of law on country’s public service, revolutionary establishments, armed forces, and legislative and institutions, companies, institutions, dependent establishments and foundations and institutions that are managed under the supervision of the supreme leader complying with the note under article (10) of the law and also each institution, company or foundation whose whole share or more than 50 percent of its share belong to the state or government that have been defined in the laws of Islamic republic of Iran. 4/4 Art. 1 D-Public Institutions: Generally speaking, institutions and entities affiliated to the state that include all their components and constituents that have been mentioned in the laws of Islamic Republic of Iran.E-Private Institutions: Private institutions in this law, include all the for-profit and non-profit intuitions except public institutions. Regulation H-Public Institutions: Institutions and organizations affiliate to state in general including executive bodies subject to article (5) of law on country’s public service, revolutionary establishments, armed forces, and legislative and institutions, companies, institutions, dependent establishments and foundations and institutions that are managed under the supervision of the supreme leader complying with the note under article (10) of the law and also each institution, company or foundation whose whole share or more than 50 percent of its share belong to the state or government that have been defined in the laws of Islamic republic of Iran. 4/4 Art. 1 D-Public Institutions: Generally speaking, institutions and entities affiliated to the state that include all their components and constituents that have been mentioned in the laws of Islamic Republic of Iran.E-Private Institutions: Private institutions in this law, include all the for-profit and non-profit intuitions except public institutions. Regulation H-Public Institutions: Institutions and organizations affiliate to state in general including executive bodies subject to article (5) of law on country’s public service, revolutionary establishments, armed forces, and legislative and institutions, companies, institutions, dependent establishments and foundations and institutions that are managed under the supervision of the supreme leader complying with the note under article (10) of the law and also each institution, company or foundation whose whole share or more than 50 percent of its share belong to the state or government that have been defined in the laws of Islamic republic of Iran. 2/2 Art. 1 D-Public Institutions: Generally speaking, institutions and entities affiliated to the state that include all their components and constituents that have been mentioned in the laws of Islamic Republic of Iran.E-Private Institutions: Private institutions in this law, include all the for-profit and non-profit intuitions except public institutions. Regulation H-Public Institutions: Institutions and organizations affiliate to state in general including executive bodies subject to article (5) of law on country’s public service, revolutionary establishments, armed forces, and legislative and institutions, companies, institutions, dependent establishments and foundations and institutions that are managed under the supervision of the supreme leader complying with the note under article (10) of the law and also each institution, company or foundation whose whole share or more than 50 percent of its share belong to the state or government that have been defined in the laws of Islamic republic of Iran. 2/2 Art. 1 D-Public Institutions: Generally speaking, institutions and entities affiliated to the state that include all their components and constituents that have been mentioned in the laws of Islamic Republic of Iran.E-Private Institutions: Private institutions in this law, include all the for-profit and non-profit intuitions except public institutions. Regulation H-Public Institutions: Institutions and organizations affiliate to state in general including executive bodies subject to article (5) of law on country’s public service, revolutionary establishments, armed forces, and legislative and institutions, companies, institutions, dependent establishments and foundations and institutions that are managed under the supervision of the supreme leader complying with the note under article (10) of the law and also each institution, company or foundation whose whole share or more than 50 percent of its share belong to the state or government that have been defined in the laws of Islamic republic of Iran. 1/2 Regulation K-Institutions liable under the law: Private institutions, public institutions and private institutions providing public service. 23/30
108 Tajikistan 2/2 4(1)(b) includes legal persons with no citizenship requirement 4/4 Art 2 definition of documents and information is suitably broad. 2/2 Art 2 definitions seem to imply this. 0/8 This is very difficult to judge - the Art 2 definition includes all public authorities and local authorities - but given the vagueness of this language it is impossible to conclusively assign points here. 0/4 0/4 0/2 0/2 0/2 8/30
109 Philippines 0/2 SECTION 3. Access to Information. Every Filipino shall have access to information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development. 3/4 1 (a) “Information” shall mean any records, documents, papers, reports, letters, contracts, minutes and transcripts of official meetings, maps, books, photographs, data, research materials, films, sound and video recording, magnetic or other tapes, electronic data, computer stored data, or any other like or similar data or materials recorded, stored or archived in whatever format, whether offline or online, which are made, received, or kept in or under the control and custody of any government office pursuant to law, executive order, and rules and regulations or in connection with the performance or transaction of official business by any government office. SECTION 3. Access to Information. Every Filipino shall have access to information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development. 2/2 1 (a) “Information” shall mean any records, documents, papers, reports, letters, contracts, minutes and transcripts of official meetings, maps, books, photographs, data, research materials, films, sound and video recording, magnetic or other tapes, electronic data, computer stored data, or any other like or similar data or materials recorded, stored or archived in whatever format, whether offline or online, which are made, received, or kept in or under the control and custody of any government office pursuant to law, executive order, and rules and regulations or in connection with the performance or transaction of official business by any government office. SECTION 3. Access to Information. Every Filipino shall have access to information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development. 7/8 SECTION 2. Coverage. This order shall cover all government offices under the Executive Branch, including but not limited to the national government and all its offices, departments, bureaus, offices, and instrumentalities, including government-owned or -controlled corporations, and state universities and colleges. Local government units (LGUs) are encouraged to observe and be guided by this Order. 0/4 0/4 1/2 SECTION 2. Coverage. This order shall cover all government offices under the Executive Branch, including but not limited to the national government and all its offices, departments, bureaus, offices, and instrumentalities, including government-owned or -controlled corporations, and state universities and colleges. Local government units (LGUs) are encouraged to observe and be guided by this Order. 0/2 0/2 13/30
110 Liechtenstein 1/2 art. 1 sect.1 in law, art. 17 and 18 in regulation 1/4 art. 3, 29 2/2 art 1 point 2 5/8 art 2 point 3 3/4 art. 2 3/4 art. 2 1/2 art 2 0/2 art . 2 1/2 art . 2 17/30
111 Austria 2/2 § 2. \\\\\\\"Anyone is entitled to submit requests for information in writing, orally or by telephone.<...>\\\\\\\" 2/4 § 1. \\\\\\\"(1) The organs of the Federation as well as the organs of the self administration to be regulated by the Federal Legislation shall give information on matters within their scope of activities to the extent not being in contradiction to a statutory duty of secrecy.\\\\\\\" 1/2 § 2. \\\\\\\"Anyone is entitled to submit requests for information in writing, orally or by telephone.<...>.\\\\\\\" 8/8 § 1. \\\\\\\"(1) The organs of the Federation as well as the organs of the self administration to be regulated by the Federal Legislation shall give information on matters within their scope of activities to the extent not being in contradiction to a statutory duty of secrecy.\\\\\\\" 0/4 0/4 0/2 1/2 0/2 14/30
Ranking Position COUNTRY id13id14id15id16id17id18id19id20id21id22id23id24id25id26id27 TOTAL LAW CSV
1 Mexico 2 Article 16. The right of access to information will not be conditional upon the applicant showing any interest or justifying its use, nor it may be conditioned on grounds of disability. Article 124. In order to submit a request, no other requirements may be required than: (I). Name or, if necessary, general data of his/her representative; (II). Address or means for receiving notifications; (III). The description of the requested information; (IV). Any other information that facilitates its search and eventual location, and (V). The preferred mode to be granted the access to information, which may be verbal, provided it is for guidance purposes, by direct consultation, by issuing simple or certified copies or the reproduction through any other means, including electronic. Where appropriate, the applicant shall state the accessible format or the indigenous language in which the information is required according to what is stated in this Act. The information in sections I and IV will be provided by the applicant as an option and, in no case, may be a mandatory prerequisite for the admissibility of the application. 2 Article 12. All public information generated, obtained, acquired, processed or held by the regulated entities is public and will be accessible to anyone, for which reason all the means, actions and efforts available on the terms and conditions established by this Act, the Federal Act and those corresponding to the States, as well as other applicable rules should be enabled. Article 13. In the generation, publication and delivery of information, it should be ensured that it is accessible, reliable, verifiable, truthful, timely, and that it addresses the needs of the right of access to information of every person. The regulated entities shall seek, at all times, that the information generated has a simple language for everybody and shall endeavor, as far as possible, its accessibility and translation into indigenous languages. Article 15. Everyone has the right of access to information without discrimination on any grounds. Article 16. The right of access to information will not be conditional upon the applicant showing any interest or justifying its use, nor it may be conditioned on grounds of disability. Article 17. The right of access to information is free and only a charge may be required based on the reproduction and delivery mode requested. In no case the Reasonable Adjustments to be made for access to the information of applicants with disabilities, will be at a cost to them.\"\" Article 124. In order to submit a request, no other requirements may be required than: (I). Name or, if necessary, general data of his/her representative; (II). Address or means for receiving notifications; (III). The description of the requested information; (IV). Any other information that facilitates its search and eventual location, and (V). The preferred mode to be granted the access to information, which may be verbal, provided it is for guidance purposes, by direct consultation, by issuing simple or certified copies or the reproduction through any other means, including electronic. Where appropriate, the applicant shall state the accessible format or the indigenous language in which the information is required according to what is stated in this Act. The information in sections I and IV will be provided by the applicant as an option and, in no case, may be a mandatory prerequisite for the admissibility of the application. 2 Article 21. All proceedings concerning the right of access to information must be substantiated in a simple and expeditious manner, in accordance with the rules of this Act. Article 122. Any person by himself or through his representative may request access to information with the Transparency Unit, through the National Platform, at the office or offices designated for this purpose, via email, mail, courier, telegraph, verbally or by any means approved by the National System. 2 Article 121. Transparency Units of the regulated entities shall ensure the measures and accessibility so that every person may enforce the right of access to information through information requests, and shall assist the applicant in the preparation thereof, in accordance with the bases established in this Title. Article 127. Exceptionally, when grounded and motivated, as determined by the regulated entity, in cases where the requested information already in their possession involves analysis, study or processing of Documents which delivery or reproduction exceeds the technical capacity the regulated entity to comply with the request within the time limits for such purposes, direct consultation Documents, except classi ed information, may be made available to the applicant. In any case its simple or certi ed copy shall be provided, as well as the reproduction by any means available in the premises of the regulated entity or, where appropriate, provided by the applicant. 2 Article 124. In order to submit a request, no other requirements may be required than: I. Name or, if necessary, general data of his/her representative; II. Address or means for receiving notications; III. The description of the requested information; IV. Any other information that facilitates its search and eventual location, and V. The preferred mode to be granted the access to information, which may be verbal, provided it is for guidance purposes, by direct consultation, by issuing simple or certi ed copies or the reproduction through any other means, including electronic. Where appropriate, the applicant shall state the accessible format or the indigenous language in which the information is required according to what is stated in this Act. The information in sections I and IV will be provided by the applicant as an option and, in no case, may be a mandatory prerequisite for the admissibility of the application. 2 Access to Information Regulation 66: In all cases, the authority will provide a receipt which includes a clear indication of the date of presentation [translated by CLD] 1 \"Article 136. When Transparency Units determine the gross incompetence by the regulated entities within the scope of their powers, to meet the demand for access to information, they shall inform the applicant, within three days of receipt of the request and in case of being able to determine it, indicate the applicant which are the competent entities. If the regulated entities are competent to partially meet the demand for access to information, they should answer with regard to such part. Regarding the information on which it is incompetent, it will proceed as noted in the previous paragraph.\" 2 Article 124. In order to submit a request, no other requirements may be required than: V. The preferred mode to be granted the access to information, which may be verbal, provided it is for guidance purposes, by direct consultation, by issuing simple or certi ed copies or the reproduction through any other means, including electronic. Article 127. Exceptionally, when grounded and motivated, as determined by the regulated entity, in cases where the requested information already in their possession involves analysis, study or processing of Documents which delivery or reproduction exceeds the technical capacity the regulated entity to comply with the request within the time limits for such purposes, direct consultation Documents, except classi ed information, may be made available to the applicant. In any case its simple or certi ed copy shall be provided, as well as the reproduction by any means available in the premises of the regulated entity or, where appropriate, provided by the applicant. Article 129. The regulated entities shall grant access to the Documents found in their archives or that are required to document in accordance with its powers, duties or functions in the format in which the applicant states, among those existing formats, according to the physical characteristics information or the place it is located, when possible. In the event that the information requested consists of databases the delivery of it in Open Formats must be favored. 2 Article 132. The response to the request shall be notified to the person concerned in the shortest possible time, not exceeding twenty days, counting from the day following the submission of the request. Exceptionally, the term referred to in the previous paragraph may be extended for ten more days, provided there are reasonable grounds, which must be approved by the Transparency Committee, by issuing a decision to be notified to the applicant before its expiration. 1 Article 132. The response to the request shall be notified to the person concerned in the shortest possible time, not exceeding twenty days, counting from the day following the submission of the request. Exceptionally, the term referred to in the previous paragraph may be extended for ten more days, provided there are reasonable grounds, which must be approved by the Transparency Committee, by issuing a decision to be notified to the applicant before its expiration. 2 Article 132. The response to the request shall be notified to the person concerned in the shortest possible time, not exceeding twenty days, counting from the day following the submission of the request. Exceptionally, the term referred to in the previous paragraph may be extended for ten more days, provided there are reasonable grounds, which must be approved by the Transparency Committee, by issuing a decision to be notified to the applicant before its expiration. 2 Article 17. The right of access to information is free and only a charge may be required based on the reproduction and delivery mode requested. In no case the Reasonable Adjustments to be made for access to the information of applicants with disabilities, will be at a cost to them. 2 Article 141. Should any cost to get the information exist, it will be paid in advance to delivery and may not exceed the sum of: I. The cost of the materials used in reproducing the information; II. The shipping cost, if any; III. Payment for the certification of Documents, as appropriate. Fees of dues should be established in the Federal Duties Act, which will be published on the websites of the regulated entities. In their determination, they must consider that the amounts allow or facilitate the exercise of the right of access to information, it will also establish the obligation to set a single and exclusive bank account for the applicant to make full payment of the cost of the information requested. The regulated entities to whom the Federal Duties Act does not apply shall establish fees that should not be higher than those provided for in the Act. The information shall be provided without cost, if it involves the delivery of no more than twenty simple sheets. Transparency Units may exempt payment of reproduction and mailing in addressing the socio-economic circumstances of the applicant. 2 Article 141. Should any cost to get the information exist, it will be paid in advance to delivery and may not exceed the sum of: I. The cost of the materials used in reproducing the information; II. The shipping cost, if any; III. Payment for the certification of Documents, as appropriate. Fees of dues should be established in the Federal Duties Act, which will be published on the websites of the regulated entities. In their determination, they must consider that the amounts allow or facilitate the exercise of the right of access to information, it will also establish the obligation to set a single and exclusive bank account for the applicant to make full payment of the cost of the information requested. The regulated entities to whom the Federal Duties Act does not apply shall establish fees that should not be higher than those provided for in the Act. The information shall be provided without cost, if it involves the delivery of no more than twenty simple sheets. Transparency Units may exempt payment of reproduction and mailing in addressing the socio-economic circumstances of the applicant. 2 Article 3. (VI). Open Data: Digital public data that are available online and can be used, reused and redistributed by anyone interested and which have the following features: c) Free: Can be obtained without any consideration in exchange; j) Free use: They cite the source as the only requirement to be used freely; Article 17. The right of access to information is free and only a charge may be required based on the reproduction and delivery mode requested.In no case the Reasonable Adjustments to be made for access to the information of applicants with disabilities, will be at a cost to them. 28/30
2 Serbia 2 Article 15. Paragraph 4: "The applicant need not list the reasons for the request." 2 Article 15. Paragraph 2: “The request shall contain the name of the public authority, the full name and surname and address of the applicant and as many specifics as possible of the sought information.” Paragraph 3: “The request may also contain other data that will facilitate the search for the requested information.” 2 Article 15. Paragraph 1: “An applicant shall submit a request in writing to a public authority to exercise the right to access information of public importance.” Paragraph 5: “If the request does not contain data in Para 2 of this Article, i.e. if the request is deficient, the authorized person of the public authority shall be obliged to instruct the applicant free of charge how to rectify the deficiencies in the request, i.e. to give the applicant instructions on supplements.” 2 Article 38: "[...]The authorized person shall: 1) Receive requests, inform the applicant of holding information and give insight in the document containing the requested information, i.e. deliver the information in an appropriate manner, reject the request with a decision, provide the necessary assistance to the applicants to exercise their rights regulated by this Law;" 2 Article 38. Paragraph 2: “The authorized person shall: 1) Receive requests, inform the applicant of holding information and give insight in the document containing the requested information, i.e. deliver the information in an appropriate manner, reject the request with a decision, provide the necessary assistance to the applicants to exercise their rights regulated by this Law;” 0 2 Article 19: “When public authority does not hold the document containing the requested information, it shall refer the request to the Commissioner, and inform the Commissioner and the applicant who, to its knowledge, holds the document.” Article 20: “Upon receipt of the request,