Angola
Name of law: Law on Access to Documents held by Public Authorities
First adopted: 2002
Last modified: n/a
RTI Rating last updated: n/a
First adopted: 2002
Last modified: n/a
RTI Rating last updated: n/a
Introduction
While Angola’s law has several positive features, its limitations restrict the overall effectiveness of the legislation and subsequently its RTI Rating. The total absence of sanctions and protections is a major problem with Angola's law, as is the limited role, power and effectiveness of the Monitoring Commission. This is unfortunate, as the law’s relatively broad scope, strong recognition of the right to information and reasonably clear requesting process could have made this an effective law. However, due to a lack of oversight and monitoring to ensure compliance, it is unlikely that the law will be properly implemented (and indeed, all indicators suggest that it has not been). Other problems include overly broad exceptions and the lack of a public interest override.Local Expert: Ana Celeste Januario
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 3 | 6 |
| 2 | Scope | 20 | 30 |
| 3 | Requesting Procedures | 11 | 30 |
| 4 | Exceptions & Refusal | 18 | 30 |
| 5 | Appeals | 18 | 30 |
| 6 | Sanctions & Protections | 0 | 8 |
| 7 | Promotional Measures | 5 | 16 |
| ∑ = 75 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | Partially | 1 | Article 200 of Angolan Constitution: Citizens shall have the right to be informed by the public administration of administrative processes that are liable to affect their legally protected rights and interests. 2. Citizens shall have he right to be informed by the administration of the progress of proceedings in which they have a direct interest, and learn of decisions that are taken with regard to them. 3. The interested individuals must be notified, in the form prescribed by law, of administrative acts, which shall require express justification when they affect legally protected rights and interests. 4. Individuals shall be guaranteed the right to access archives and administrative records, without prejudice to the legal provisions for security and defence matters, state secrecy, criminal investigation and personal privacy. | This creates a right but it is very limited hence only one point allocated. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | NO | 0 | N/A | Not mentioned. |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | YES | 2 | N/A | Preamble and Article 1 State Secrecy Act Act 10/02 of 16 August, stipulates as follows: articles 2 and 26 |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 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 civilians identity and criminal records, documents concerning automatically processed personal data, as well as documents kept in historical archives is governed by separate legislation. | |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 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. | Art 4(1)(a) expansive definition - includes documents produced AND held by bodies. However, 4(2) contains an exception for personal annotations or notes. |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | 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; | |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | 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. | 7(7) excludes archives. Applies to all the rest of government, but public bodies is never explicitly defined. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | YES | 1 | N/A | Administrative functions |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 1 | N/A | Administrative functions |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 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." | Petroleum Activites Act 10/04 art. 77, but no mention of other SOE's |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | N/A | Applies to all public institutions |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 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. | Art 3 mentions "entities that exercise public authority in terms of the law" |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | NO | 0 | 10(1) It is forbidden to use information without due respect for copyright, industrial property rights as well as reproduction, dissemination and use of such documents and the information therein contained, which could constitute practices of unfair competition. (2) Personal data communicated to third parties shall not be used for purposes other than those for which access was authorised, and shall otherwise entail liability for losses and damages under the terms laid down in the law." 2(1) This law regulates access to documents in relation to the activities of the entities mentioned in Article 3. (2) The procedure for the exercise by the citizens of their right to be informed by Public Authorities of progress in proceedings in which they have a direct interest, as well as their right to be informed of the final decisions taken thereupon, is covered by separate legislation. 13 Requests for access to documents must be made in writing and contain all references necessary for identifying the document, as well as the name, the address and the signature of the interested person. | Art 10, 2, and 13 create a requirement for reasons. |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | YES | 2 | 13 Requests for access to documents must be made in writing and contain all references necessary for identifying the document, as well as the name, the address and the signature of the interested person. | |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | Partially | 1 | N/A | |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 15(1) The entity to whom a request for access to a document is made, must within a period of 10 days (c) notify that the document is not within its possession and, if it knows of its whereabouts, point out the entity that possesses the document, or pass the request on to the latter and so inform the interested party; | Art 15(c) mandates that the requester be pointed in the right direction, with referrals being optional. |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | NO | 0 | N/A | |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | YES | 2 | 15(1) The entity to whom a request for access to a document is made, must within a period of 10 days (a) communicate the date, place and manner in which to consult the document, reproduce it, or obtain a certified copy thereof; (b) in terms of the provisions of Article 67 of the procedures for public authorities approved by Decree-Law 16-A/95, of 15 December, give reasons for the complete or partial refusal to grant access to the requested document; (c) notify that the document is not within its possession and, if it knows of its whereabouts, point out the entity that possesses the document, or pass the request on to the latter and so inform the interested party; | 10 working days |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | YES | 2 | N/A | No extensions. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | 12(1) Access to documents is exercised by means of: (a) free perusal conducted on the premises of the institution where they are kept; (b) reproduction by means of photocopy or any other technical means, to wit visual or audio; (c) issuance of certified copies by the public body [where the document is kept]. (2) Reproduction pursuant to paragraph 1b) shall be one copy and subject to payment by the applicant of an amount strictly corresponding to the cost of the materials used and the service rendered; such amount to be determined by a decree-law. (3) Documents in digital format shall be transmitted in a way that is intelligible to any person and such so that it constitutes an accurate match of the contents of the file, without detriment to the option provided for in paragraph 1b) of this article. (4) Where there is a risk that reproduction as provided for in paragraph 1b) may cause damage to the documents, the interested person, at his or her expense and under the supervision of the institution, shall be entitled to devise a manual reproduction or reproduction by any other means that does not harm the preservation of the document. | art 12 - The access to documents is free, the request pay only for the reproductions material |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | Partially | 1 | 12(2) Reproduction pursuant to paragraph 1b) shall be one copy and subject to payment by the applicant of an amount strictly corresponding to the cost of the materials used and the service rendered; such amount to be determined by a decree-law. | No - Art 12(2) limits access fees to the cost of materials used AND services rendered. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | 10(1) It is forbidden to use information without due respect for copyright, industrial property rights as well as reproduction, dissemination and use of such documents and the information therein contained, which could constitute practices of unfair competition. (2) Personal data communicated to third parties shall not be used for purposes other than those for which access was authorised, and shall otherwise entail liability for losses and damages under the terms laid down in the law. | Art 10 - The information is limited for use requested |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | 21 All legislation contrary to the provisions of the present law is hereby repealed. | Title of the law states that it "which hereby repeals all legislation that contradicts the provisions of the current law." Art 21 reinforces this. |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 7 | 8(2) Information of a medical nature is communicated to the applicant only through a medical intermediary elected by the applicant." 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. | 8(2) Information of a medical nature is to be communicated to the applicant only through a medical intermediary elected by the applicant. Art 7 rule for "personal documents" is overly broad. 7(6) Access to inquests and inquiries shall be permitted only after the expiry of the period for possible disciplinary proceedings. |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | YES | 4 | N/A | |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | 5(2): "The documents to which the preceding paragraph applies can be freely consulted, in terms of the present law, once they have been de classified or once the period of time provided for their classification has expired." | Art 5(2) contains a sunset clause for security info, but with no guidance on how it should be applied. Apparently the rule governing this has not yet been approved. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | 8(3) Access by third parties to personal data can further be authorised in the following cases: (a) by means of a written authorisation from the person to whom the data applies; (b) when communicating personal data has the objective of safeguarding the legitimate interest of the person to whom the data applies should the latter not be in a position to concede authorisation, and once an opinion has been obtained as provided for in the previous number. | 8(3) has the requirement for consent, but no mechanism for obtaining it. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | Partially | 1 | 8(4) Documents containing personal data can further be communicated to third parties when, by their nature, it is possible to delete the personal data without having to recreate the documents and without the danger of easy identification. | 8(4) - though this is very limited. |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | YES | 2 | 15(1) The entity to whom a request for access to a document is made, must within a period of 10 days: (a) communicate the date, place and manner in which to consult the document, reproduce it, or obtain a certified copy thereof; (b) in terms of the provisions of Article 67 of the procedures for public authorities approved by Decree-Law 16-A/95, of 15 December, give reasons for the complete or partial refusal to grant access to the requested document; (c) notify that the document is not within its possession and, if it knows of its whereabouts, point out the entity that possesses the document, or pass the request on to the latter and so inform the interested party; | |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | 16 The requestor may amicably or adversarially challenge the express or tacit non-compliance or decision restricting the exercise of the right of access. | 16_A/95 Article 16 "The requestor may amicably or adversarially challenge the express or tacit non-compliance or decision restricting the exercise of the right of access." Law of administrative appeals. |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 16 The requestor may amicably or adversarially challenge the express or tacit non-compliance or decision restricting the exercise of the right of access. 19 It is the responsibility of the Monitoring Commission: (a) to draft its internal rules; (b) evaluate all complaints submitted to it by the interested persons; (c) advise on access to personal documents; (d) present its position on the system of classification of documents; (e) give opinions on the implementation of this law, as well as on the drafting and implementation of the complementary laws; (f) prepare an annual report on the implementation of this law and on its activity, to be forwarded to the National Assembly and then to the government for publication. | |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | YES | 2 | 18(1) The Monitoring Commission is made up of the following members: (a) a judge from the Chamber of Civil and Administrative Law nominated by the Judicial High Council, who shall be the Chair; (b) two Members of Parliament elected by the National Assembly, reflecting a multi-party composition; (c) a law professor nominated by the President; (d) two persons of high standing nominated by the government; (e) a lawyer nominated by the Law Society. (2) Any member may at his initiative be replaced by an alternate appointed by the same entity that appointed him or her. (3) The terms of office of members shall be two years, renewable; without prejudice to [the expected] termination when a member ceases to perform the functions which led to his or her appointment. (4) All members may serve their terms over and above their other functions. (5) Rights and benefits of the members are set out in a regulations instrument of the present law. (6) Entities having an interest in matters being discussed at a given session of the commission may have a representative present, without the right to vote. | Art 18 - No mention of security of tenure, but the appointments process is diverse enough to ensure independence. |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 19 It is the responsibility of the Monitoring Commission: (a) to draft its internal rules; (b) evaluate all complaints submitted to it by the interested persons; (c) advise on access to personal documents; (d) present its position on the system of classification of documents; (e) give opinions on the implementation of this law, as well as on the drafting and implementation of the complementary laws; (f) prepare an annual report on the implementation of this law and on its activity, to be forwarded to the National Assembly and then to the government for publication. | art 19 - Finances aren't mentioned, but the body presents report to parliament. |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 17 It is the responsibility of the Monitoring Commission to ensure compliance with the provisions of the current law. 19 It is the responsibility of the Monitoring Commission (d) present its position on the system of classification of documents; | |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | N/A | Yes |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | YES | 2 | 18(1) The Monitoring Commission is made up of the following members: (a) a judge from the Chamber of Civil and Administrative Law nominated by the Judicial High Council, who shall be the Chair; (b) two Members of Parliament elected by the National Assembly, reflecting a multi-party composition; (c) a law professor nominated by the President; (d) two persons of high standing nominated by the government; (e) a lawyer nominated by the Law Society. (2) Any member may at his initiative be replaced by an alternate appointed by the same entity that appointed him or her. (3) The terms of office of members shall be two years, renewable; without prejudice to [the expected] termination when a member ceases to perform the functions which led to his or her appointment. (4) All members may serve their terms over and above their other functions. (5) Rights and benefits of the members are set out in a regulations instrument of the present law. (6) Entities having an interest in matters being discussed at a given session of the commission may have a representative present, without the right to vote. 6 Access to documents concerning in camera proceedings is regulated by separate legislation. 9 (1) The right to make corrections, to complete or to delete inaccurate, insufficient or excessive personal data is exercised subject to the provisions of the legislation concerning personal data automatically processed and with the necessary changes. (2) Only the corrected version of personal data can is suitable for use or communication. | The adminstrative appeal is free and does not require a lawyer - Art 18, 6, 9. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 16 The requestor may amicably or adversarially challenge the express or tacit non-compliance or decision restricting the exercise of the right of access. | Art 16 allows for challenges on any non-compliance with the legislation. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 15(1) The entity to whom a request for access to a document is made, must within a period of 10 days: (a) communicate the date, place and manner in which to consult the document, reproduce it, or obtain a certified copy thereof; (b) in terms of the provisions of Article 67 of the procedures for public authorities approved by Decree-Law 16-A/95, of 15 December, give reasons for the complete or partial refusal to grant access to the requested document; (c) notify that the document is not within its possession and, if it knows of its whereabouts, point out the entity that possesses the document, or pass the request on to the latter and so inform the interested party; | Art 15 - clear procedures and a timeline of 10 days |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | Partially | 1 | 14 In each public authority, institution and statutory society there is an entity responsible for the implementation of the provisions of this law. | Art 14 somewhat covers this - but doesn't specify that the official be an information officer (just that someone must be responsible) |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | Partially | 1 | 19 It is the responsibility of the Monitoring Commission: (a) to draft its internal rules; (b) evaluate all complaints submitted to it by the interested persons; (c) advise on access to personal documents; (d) present its position on the system of classification of documents; (e) give opinions on the implementation of this law, as well as on the drafting and implementation of the complementary laws; (f) prepare an annual report on the implementation of this law and on its activity, to be forwarded to the National Assembly and then to the government for publication. | Art 19 - the Monitoring Commission somewhat has this function - though whether their role is actually promotional is unclear. |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | Partially | 1 | 11(1) The public body must publish through adequate means (b) the listing of all documents containing an interpretation of legislation or a description of an administrative procedure, with specific mention of the title, subject, date, origin and where the documents may be consulted. | 11(1)(b) is a limited version of this. |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | YES | 2 | 19 It is the responsibility of the Monitoring Commission: (f) prepare an annual report on the implementation of this law and on its activity, to be forwarded to the National Assembly and then to the government for publication. |
