Slovakia
Name of law: Act No. 211/2000 Coll. on Free Access to Information and on amendments of certain acts (Freedom of Information Act)
First adopted: 2000
Last modified: n/a
RTI Rating last updated: n/a
First adopted: 2000
Last modified: n/a
RTI Rating last updated: n/a
Introduction
Unlike many other right to information laws in Central Europe, the Slovakian RTI legislation relatively poor when assessed against international standards. The law's strong points are its well-defined series of provisions relating to the requesting procedure, especially those regarding access fees and the interactions between public authorities and requesters. Unfortunately, the rest of the legal framework is flawed in one or more ways. The scope is under-comprehensive, as it only applies to some executive offices and is limited to the administrative activities of the legislature and judiciary. Despite mostly compliant exceptions, the exemptions are neither harm-tested nor subject to a public interest override which is a major issue. However, its largest legislative gap is the lack of an external administrative appeals body for reconsidering denied requests, as requesters much appeal internally or through the judiciary.
The law is also available in its Slovak original here.
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 1 | 6 |
| 2 | Scope | 20 | 30 |
| 3 | Requesting Procedures | 25 | 30 |
| 4 | Exceptions & Refusal | 14 | 30 |
| 5 | Appeals | 4 | 30 |
| 6 | Sanctions & Protections | 2 | 8 |
| 7 | Promotional Measures | 0 | 16 |
| ∑ = 66 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | NO | 0 | Article 26.(5) State bodies and territorial self-administration bodies are under an obligation to provide information on their activities in an appropriate manner and in the state language. The conditions and manner of execution will be specified by law." | Establishes a limited obligation for proactive disclosure but not a right to information for citizens. Link to the Constitution of Slovakia (English version) here. |
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 | Partially | 1 | Section 3. \"(1) Everybody shall have the right of access to information that the obliged persons have available.\" | I´ve deducted 1 point because of using the phrase\" have available\" that may imply that not all the information held by the public body will be made public. |
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 | NO | 0 | N/A | Not mentioned. |
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 | 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.\" | |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Section 3(1) \"Everybody shall have the right of access to information that the obliged people have available.\" | |
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 | 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.\" | |
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 | 6 | Section 2: Obliged persons \"(1) The persons obliged to provide access to information under this Act (hereinafter referred to as the “Obliged personsâ€) 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.\" | All public bodies seems to be covered under this provision. I´ve deducted 1 point because of no mentioning the archives. Another point for archives not included. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | Partially | 1 | Section 2: Obliged persons \"(1) The persons obliged to provide access to information under this Act (hereinafter referred to as the “Obliged personsâ€) 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.\" | Only administrative bodies. |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | Section 2: Obliged persons \"(1) The persons obliged to provide access to information under this Act (hereinafter referred to as the “Obliged personsâ€) 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.\" | Only administrative bodies. |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Section 2: Obliged persons \"(1) The persons obliged to provide access to information under this Act (hereinafter referred to as the “Obliged personsâ€) 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. 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 | NO | 0 | N/A | Not mentioned. |
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 | YES | 2 | Section 2: Obliged persons \"(1) The persons obliged to provide access to information under this Act (hereinafter referred to as the “Obliged personsâ€) 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.\" | |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | Section 3 \"(3) Access to information shall be provided without any need to prove legal or other reason or interest for which information is required.\" | |
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 | 14 Request for disclosure of information: \"(2) The request must include the name of the obliged pe rson, first name, last name, name or business name, address or registered office of the applicant, the information concerned and the way of disclosure of information suggested by the applicant.\" | |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | Disclosure of Information Request Section 14 Request for disclosure of information: \"(1) The request may be filed in writing, orally, by fax , e-mail or in any other technically reasonable way.\" | |
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 | YES | 2 | Disclosure of Information Request Section 14 Request for disclosure of information:\"(3) In the event that the request fails to meet the requirements stipulated in paragraph 2, the obliged person shall invite the applicant without any delay to complete the request within a period of not less than seven days. The obliged person shall instruct the applicant how to complete the request. If the applicant fails to complete the request in spite of the obliged person Ìs notice and information cannot be provided due to this imperfection, the obliged person shall set the request aside.\" | |
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 specifically mentioned. |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | Partially | 1 | Section 14: \"(5)The obliged person shall confirm the filing of the request in writing and notify the applicant of the estimated charge for disclosure of information, if required.\" | Receipt shall be given upon request. Timeframe of 10 days. |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Section 15 Transfer of request: \"(1) If the obliged person doesn Ìt have the requested in formation available and knows where it is possible to obtain the information, it shall transfer the request with in five days from the delivery of the request to th e obliged person that have the requested information availabl e, otherwise it shall reject the request by a decis ion (Section 18).(2) The obliged person shall notify the applicant of th e transfer of request without any delay.\" | |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | YES | 2 | Section 16 Disclosure of Information Upon Request: \"(1) Information shall be disclosed mainly orally, by inspection of files, including the possibility to make copies or notes, by downloading data to data carrier, by providing copies of the original with requested information, by telephone, fax, post, e-mail. In the event that the information cannot be provided in a way required b y 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 of and notes and abstracts from files and documents without proving legal or other reason or interest.\" | |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | Section 17 Period for compliance with request: \"(1)The obliged person shall comply with the request for information without undue delay, but not later than eight working days after filing of the request or after the day the applicant removed imperfections of the request (Section 14, paragraphs 2 and 3), unless otherwise stipulated herein. (2) The obliged person shall be entitled to extend the period (paragraph 1) for serious reasons by a maxim um of eight working days. The following shall be regarded as serious reasons: a) searching for and gathering of required information on a place other than the headquarters of the obliged person complying with the request, b) searching for and gathering of large amount of separate or diverse information requested in a single request, c) provable technical problems related to the search and disclosure of information that are expected to b e removed within the extended period. (3) The obliged person shall notify the applicant o f the extension of the period without undue delay, not later than before the expiration of the period (paragraph 1). The notice must include the reasons leading to the extension of the period.\" | |
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 | Section 17 Period for compliance with request: \"(1)The obliged person shall comply with the request for information without undue delay, but not later than eight working days after filing of the request or after the day the applicant removed imperfections of the request (Section 14, paragraphs 2 and 3), unless otherwise stipulated herein. (2) The obliged person shall be entitled to extend the period (paragraph 1) for serious reasons by a maxim um of eight working days. The following shall be regarded as serious reasons: a) searching for and gathering of required information on a place other than the headquarters of the obliged person complying with the request, b) searching for and gathering of large amount of separate or diverse information requested in a single request, c) provable technical problems related to the search and disclosure of information that are expected to b e removed within the extended period. (3) The obliged person shall notify the applicant o f the extension of the period without undue delay, not later than before the expiration of the period (paragraph 1). The notice must include the reasons leading to the extension of the period.\" | |
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 | Section 17 Period for compliance with request: \"(1)The obliged person shall comply with the request for information without undue delay, but not later than eight working days after filing of the request or after the day the applicant removed imperfections of the request (Section 14, paragraphs 2 and 3), unless otherwise stipulated herein. (2) The obliged person shall be entitled to extend the period (paragraph 1) for serious reasons by a maxim um of eight working days. The following shall be regarded as serious reasons: a) searching for and gathering of required information on a place other than the headquarters of the obliged person complying with the request, b) searching for and gathering of large amount of separate or diverse information requested in a single request, c) provable technical problems related to the search and disclosure of information that are expected to b e removed within the extended period. (3) The obliged person shall notify the applicant o f the extension of the period without undue delay, not later than before the expiration of the period (paragraph 1). The notice must include the reasons leading to the extension of the period.\" | |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | Section 21 Payment of costs: \"(1)Information shall be provided free of charge, with the exception of payments not higher than the costs of material for making copies, the costs of technical data carriers and delivery of information to the applicant.\" | |
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 | YES | 2 | Section 21 Payment of costs: \"(1)Information shall be provided free of charge, with the exception of payments not higher than the costs of material for making copies, the costs of technical data carriers and delivery of information to the applicant. <...> (3) The details on the costs of disclosure shall be regulated by a generally binding legal regulation of t he Ministry of Finance of the Slovak Republic.\" | |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | YES | 2 | Section 21 Payment of costs: \"(2) The obliged person may forgive the charges.\" | Not specifically mentioned, but can be inferred. |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Section 6: \"(3) The obliged persons that operate information systems shall disclose information contained therein on a freely accessible internet page, unless the disclosure of this information is prohibited by special act. Such disclosure shall not be regarded as a breach of special regulations.\" | |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | Articles 8 -11. | The exceptions that falls outside the standards are: 11.1b\"information is to be disclosed under a special act; and if it is to be disclosed under such law within a period set in advance\". |
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 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | 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 | Partially | 1 | Section 12 Terms of Limitation: \"The obliged person shall exercise any limitation of the right to information by making the requested information, including accompanying information, av ailable, after excluding the information stipulated by law. The entitlement to refuse the disclosure of in formation shall only last as long as the reason for non- disclosure exists.\" | |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | Section 12 Terms of Limitation: \"The obliged person shall exercise any limitation of the right to information by making the requested information, including accompanying information, av ailable, after excluding the information stipulated by law. The entitlement to refuse the disclosure of in formation shall only last as long as the reason for non- disclosure exists.\" | |
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 | Section 18 Compliance with request and issuance of decision: \"(1)If the obliged person provides the applicant with r equired information to the extent and in the manner under Section 16 within the statutory period, the obliged person shall issue a decision that is to be record ed in file. No appeal is possible against this decision.\" | |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Section 19 Remedies: \"(1) Parties to the proceeding may file appeal against the obliged person Ìs decision rejecting the provision of requested information within fifteen days from the delivery of a decision note or the expiration of the period for compliance with request under Section 17. The appeal shall be filed with the obliged person that issue d or should have issued the decision. (2) The decision on the appeal against the decision of the obliged person shall be made by the superior of the obliged person that issued or should have issued th e decision. If it is a decision of municipal author ity, the decision on the appeal shall be made by the mayor ( city mayor). It shall be possible to file an appeal against the decision of a central body of the state administrat ion, which will be decided by the head of a central body of the state administration. (3) The appellate body shall decide on the appeal withi n fifteen days from the delivery of the appeal by the obliged person. If the appellate body fails to make decision within this period, it shall be deemed th at it issued the decision rejecting the appeal and confirming the contested decision; the decision shall be regarded as delivered on the second day after the expiration of the period for the issuance of a decision. (4) The decision rejecting the request can be examined in legal proceedings under a special law.\" | |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Section 19: \"(4)The decision rejecting the request can be examined in legal proceedings under a special law.\" | |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned. |
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 | YES | 2 | Section 42a Violation of the Right to Information: \"(1) Any person intentionally issuing and disclosing untrue or inaccurate information, or breaching any obligation stipulated in a special regulation 3a) ,or giving rise to the violation of the right to information by issuing a decision, order or any other measure, shall be guilty of an offence. (2) A fine up to SKK 50,000 may be imposed for an offence under paragraph 1 and relevant activity banned f or up to two years.†| |
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 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
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 | NO | 0 | N/A | |
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 | NO | 0 | N/A | Not mentioned. |
