This is an extremely well-written law with a robust scope, clearly enumerated procedures, and thorough promotional measures. Its chief weaknesses are the fact that the exceptions aren't harm tested and that the law does not override various other secrecy acts.

With the colaboration of:

El Salvador > Right To Access

Indicator	Description	Scoring instructions	MAX score	Findings	Points	Article	Comments
1	The legal framework (including jurisprudence) recognises a fundamental right of access to information.	Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.	2	YES		Preamble 1 - the law states that access to information is recognized within the right to free expression in the constitution.
2	The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions.	No=0, Partially=1, Yes=2	2	YES		Preamble 3 does this - mentioning that because power emanates from the people, the people are entitled to access any government documents.
3	3.1 The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law 3.2 The legal framework emphasises the benefits of the right to information?	3.1(Y/N - max 1 point) 3.2 (Y/N - max 1 point)	2	YES		Article 4(a) 1 - Preamble 5. Similar principles are repeated throughout the law.

El Salvador > Scope

Indicator	Description	Scoring instructions	MAX score	Findings	Points	Article	Comments
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		Article 2 applies right to everyone. No mention of legal persons - but 98(a) implies that they can request as well.
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		Section 6 definition of Public Information
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		Section 6 definition of Public Information
7	The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and adminsitration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above.	Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc).	8	YES		Art 7 applies the law to all organs of state and their dependent agencies, as well as municipalities or any other agency which recieves (administre) public funds. This covers everything.
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		See above.
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		See above.
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		Art 7 applies the law to any agency which handles (administre) public funds. Also - "sociedades de economía mixta."
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		Art 7
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		Art 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."

El Salvador > Requesting Procedures

Indicator	Description	Scoring instructions	MAX score	Findings	Points	Article	Comments
13	Requesters are not required to provide reasons for their requests.	Y/N answer 0 or 2 points	2	YES		Art 2 and Art 9 and Art 66.
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		Requirements are in line with int'l standards.
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		Art 66.
16	Public officials are required 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		Art 50(c) requires info officers to help individuals make applications. Art 66 has clarification procedures.
17	Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled.	Score Yes=2 point, No=0	2	YES		Art 50(c) and 68 together fulfil this.
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	YES		Authorities are required to provide solicitors with a "constancia"
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		50(c) and 68 establish the duty to refer requesters, but not to transfer requests
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	Partially		Art 62 says that preferences should be followed as much as possible.
21	Public authorities are required to respond to requests as soon as possible.	Score: No=0, Yes=2 points	2	YES		Art 71
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		Art 71 - 10 working days or less.
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		Art 71 - 10 working days if info is more than 5 years old, and then by another 5 working days max.
24	It is free to file requests.	Score: No=0, Yes=2 points	2	YES		Art 4(g) states that access is to be free, spelled out in more detail in Art 61.
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 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		Art 4(g) states that access is to be free, spelled out in more detail in Art 61. The fees aren't completely centrally set, but Art 61's provisions seem specific enough to warrant 2 points here.
26	There are fee waivers for impecunious requesters	---	2	NO
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	YES

El Salvador > Exceptions

Indicator	Description	Scoring instructions	MAX score	Findings	Points	Article	Comments
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	Partially		Art 110 says the standards here trump all other provisions, but then lists 18 exceptions to this - too many for more than 1 point.
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. It is also permissible to refer requesters to information which is already publicly available, for example online or in published form.	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		19(h) - info that would unfairly advantage one person to the detriment of another. 74(a) - where requests are offensive or indecent.
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		19(a) - military plans. 19(a) - political negotiations. Art 24(b) - information received in confidence. 24(d) - trade or commercial secrets.
31	There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity.	Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory.	4	YES		Art 19 - info is not classified where it relates to investigations of human rights abuses, or to crimes of international concern - as an override this is limited. But - Art 21(c) requires that any exception be justified on the grounds that the harm for disclosure would outweigh the public benefit of access - so there is a broad public interest override.
32	Information must be released as soon as an exception ceases to apply (for example, for 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	YES		Art 20 - 7 year sunset clause
33	Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information.	Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals.	2	YES		Article 24 and 63 contain a consultation mechanism, a time frame and an appeal.
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		Art 30
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		Art 72

El Salvador > Appeals

Indicator	Description	Scoring instructions	MAX score	Findings	Points	Article	Comments
36	The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less).	Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals.	2	NO
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		Art 29 provides for an appeal to the "Instituto"
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 they are protected against arbitrary dismissal (procedurally/substantively) once appointed.	Score: 1 point for appointment procedure, 1 point for security of tenure	2	Partially		Appointed by the president, but Art 52 has procedures to protect the process: president has to choose the commissioners from lists prepared by independent organziations (journalists, etc). Art 56 allows the president to remove Commissioners for relatively broad grounds.
39	The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence.	Score 1 point for reports to parliament, 1 point for budget approved by parliament	2	YES		Art 51 protects the agency's financial independence. Article 108 states "that The General Budget of the Nation must establish the budget for installation, integration and operation of the Institute.
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	Partially		Art 54 - prof requirements, but no ban on politically connected individuals.
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	Partially		85© and 93 seem to allow them to request info, but no other inspection powers.
42	The decisions of the independent oversight body are binding.	Score N=0, Y=2 points	2	YES		Art 96
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	YES		Art 96
44	Requesters have the right to lodge a judicial appeal.	1 for partially, 2 for fully.	2	YES		Art 101
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		The procedure do not need lawyer, art 86 states that Instituto will rectify any legal flaws of the petition. And also the procedure is free, following the principles of due process in effect in El Salvador. Article 102 states The procedure must comply with the guarantees of due process. The proceedings are subject to the principles of legality, equality of the parties, economy, gratuity, speediness, efficiency and informality, among others. Regarding the procedure, and additionally to the provisions of the civil code.
46	The grounds for appeal to the oversight body (where applicable, or to the judiciary if no such body exists) 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		Art 75 seems to allow appeals against refusals, persistent refusals, and silence. Article 77 seems the give the commission purview to monitor non-compliance in the form of excessive fees, destruction of documents, etc, and Art 83(c) allows for a variety of other appeals for things like excessive fees or incomplete provision of info.
47	Clear procedures, including timelines, are in place for dealing with external appeals (oversight/judicial).	Score 1 point for clear procedures, 1 point for timelines.	2	YES		Art 75 for administrative silence, Art 82 for refusals. Both have clear procedures and time lines.
48	In the appeal process (oversight/judicial/) 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		Not mentioned.
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 record management)	1 for partial, 2 for fully.	2	YES		Article 85 allows for this

El Salvador > Sanctions & Proteccions

Indicator	Description	Scoring instructions	MAX score	Findings	Points	Article	Comments
50	Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information.	Score 1 point for sanctions for underming right, 1 point for destruction of documents	2	Partially		Art 76 -80 mentions sanctioning, but is vague on how these are applied.
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		Not mentioned.
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
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

El Salvador > Promotional measures

Indicator	Description	Scoring instructions	MAX score	Findings	Points	Article	Comments
54	Public authorities are required to appoint dedicated officials (information officers) or units with a responsibility for ensuring that they comply with their information disclosure obligations.	Score Y/N, Y=2 points	2	YES		Art 48
55	A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information.	Score Y/N, Y=2 points	2	YES		Art 46 and 47 - the institute does this.
56	Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law.	Score Y/N, Y=2 points	2	YES		Art 46-47
57	A system is in place whereby minimum standards regarding the management of records are set and applied.	Score Y/N, Y=2 points	2	YES		Art 27 - Los entes obligados no proporcionarán información confidencial sin que medie el consentimiento expreso y libre del titular de la misma. Also Article 40.
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	YES		Art 22 and 23 seem to require this kind of a registry to be maintained by the institute.
59	Training programs for officials are required	Score Y/N, Y=2 points	2	YES		Art 41(d), Art 45
60	Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with.	Score Y/N, Y=2 points	2	YES		Art 50(n) - this is the duty of the information officers.
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		Art 60