Country

Guinea

Guinea

Name of law : Organic Law on The Right of Access to Public Information
First adopted : 2010

Section Max ScoreScore
Right of Access 6 2
Scope 30 27
Requesting procedures 30 14
Exceptions 30 9
Appeals 30 4
Sanctions 8 2
Promotional measures 16 6
TOTAL 150 64

Introduction:
There are some strong aspects of this law, most notably its very broad scope and reasonably clear procedural mechanisms. However the law contains no indication that it trumps conflicting legislation and many of the exceptions are not harm tested. The law also has no public interest override, no sunset clauses, no severability clause, and no requirement that refusals be accompanied by an explanation and notification of appeal mechanisms. Guinea also scored extremely poor on its appeals structure, but that is partially due to the fact that the appeals lie with the either the Ombudsman or the National Independent Human Rights Institution and our reviewer was unable to locate information regarding the composition of procedural mechanisms of either. This problem was compounded by the fact we were not assisted by a local expert in compiling this rating. Absent these difficulties Guinea likely would have scored between 8-12 points higher.
Right of Access

Indicator

Description

Scoring instructions
MAX score
Findings

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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 Article 7 of the Constitition: "Il est libre de croire, de penser et de professer sa foi religieuse, ses opinions politiques ou philosophiques. Il est libre d'exprimer, de manifester, de diffuser ses idées et ses opinions par la parole, l'écrit et l'image. Il est libre de s'instruire et de s'informer aux sources accessibles à tous."
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=22 NO "General right to access information" doesn't quite cut it.
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 NO Not mentioned.




Scope

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MAX score
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4 Everyone (including non-citizens and legal entities) has the right to file requests for information.Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. 2 Partially Article 1: "The right of access to public information is guaranteed in accordance with the provisions of article 7 of the Constitution. Access to information is a fundamental right of everyone bringing together freedom of information and the right to information. Every person, irrespective of nationality or profession, can request and obtain information wherever without having to justify the purpose of the information. The public body, or any considered as such, has a responsibility to assist requesters in their search for information." Article 1 provides a right of access to all persons, but does not specify whether this extends to legal persons.
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: "According to the present organic law and its regulations, a - Document: all information recorded in any form, however its nature, its subject or origin; - Public body: all structures created by the state or its decentralized bodies - Organ similar to a public body: all structures that are part of a public body, all bodies controlled, or receiving majority of its funding from the state, or all private bodies to which the state or its decentralized structures have assigned a mission." 5: "Subject to the exceptions listed in chapter IV of the present organic law, and without justifying the reason for the request, every person has the right to obtain information held by public bodies or affiliated structures. The following documents are accessible: legislative and regulatory texts, documents, reports, studies, reviews, minutes, statistics, directives, instructions, circulars, manuals of administrative procedures, opinions, decisions, vacancy announcements, and call for tenders." 6: "The right of access to information implies consulting a document produced or preserved by a public body or an affiliated structure and to make notes, obtain copies or photocopies and to obtain on electronic format." Article 3 seems to provide a broad definition of documents, but the inclusive list in Article 5 might be seen as restricting access to what is enumerated. Article 6 expands the definition to include information produced or preserved by public bodies.
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 information2 Partially 5: "Subject to the exceptions listed in chapter IV of the present organic law, and without justifying the reason for the request, every person has the right to obtain information held by public bodies or affiliated structures. The following documents are accessible: legislative and regulatory texts, documents, reports, studies, reviews, minutes, statistics, directives, instructions, circulars, manuals of administrative procedures, opinions, decisions, vacancy announcements, and call for tenders." 6: "The right of access to information implies consulting a document produced or preserved by a public body or an affiliated structure and to make notes, obtain copies or photocopies and to obtain on electronic format." Article 5 and 6 seems to limit it to existing documents.
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 3: "According to the present organic law and its regulations, a - Document: all information recorded in any form, however its nature, its subject or origin; - Public body: all structures created by the state or its decentralized bodies - Organ similar to a public body: all structures that are part of a public body, all bodies controlled, or receiving majority of its funding from the state, or all private bodies to which the state or its decentralized structures have assigned a mission." Article 3 provides an extremely broad definition of public bodies.
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 government4 YES 3: "According to the present organic law and its regulations, a - Document: all information recorded in any form, however its nature, its subject or origin; - Public body: all structures created by the state or its decentralized bodies - Organ similar to a public body: all structures that are part of a public body, all bodies controlled, or receiving majority of its funding from the state, or all private bodies to which the state or its decentralized structures have assigned a mission." Article 3 provides an extremely broad definition of public bodies.
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 government4 YES 3: "According to the present organic law and its regulations, a - Document: all information recorded in any form, however its nature, its subject or origin; - Public body: all structures created by the state or its decentralized bodies - Organ similar to a public body: all structures that are part of a public body, all bodies controlled, or receiving majority of its funding from the state, or all private bodies to which the state or its decentralized structures have assigned a mission." Article 3 provides an extremely broad definition of public bodies.
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 all2 YES 3: "According to the present organic law and its regulations, a - Document: all information recorded in any form, however its nature, its subject or origin; - Public body: all structures created by the state or its decentralized bodies - Organ similar to a public body: all structures that are part of a public body, all bodies controlled, or receiving majority of its funding from the state, or all private bodies to which the state or its decentralized structures have assigned a mission."
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 all2 YES 3: "According to the present organic law and its regulations, a - Document: all information recorded in any form, however its nature, its subject or origin; - Public body: all structures created by the state or its decentralized bodies - Organ similar to a public body: all structures that are part of a public body, all bodies controlled, or receiving majority of its funding from the state, or all private bodies to which the state or its decentralized structures have assigned a mission."
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 3: "According to the present organic law and its regulations, a - Document: all information recorded in any form, however its nature, its subject or origin; - Public body: all structures created by the state or its decentralized bodies - Organ similar to a public body: all structures that are part of a public body, all bodies controlled, or receiving majority of its funding from the state, or all private bodies to which the state or its decentralized structures have assigned a mission."

Requesting Procedures

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Comments
13 Requesters are not required to provide reasons for their requests.Y/N answer 0 or 2 points2 YES 1: "The right of access to public information is guaranteed in accordance with the provisions of article 7 of the Constitution. Access to information is a fundamental right of everyone bringing together freedom of information and the right to information. Every person, irrespective of nationality or profession, can request and obtain information wherever without having to justify the purpose of the information. The public body, or any considered as such, has a responsibility to assist requesters in their search for information."
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 NO Requests must include "full particulars" of the individual. Absent a definition, this scores a zero as it could include requirements for ID numbers, telephone numbers, residential addresses and other personal information.
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 10: "Every person who desires to obtain a document should make a request to the public body or affiliated structure that is in possession of it. This request can be written or oral. The written request should contain the full particulars of the requestor, a clear and precise indication of the document and the form in which it is required. The requestor must sign the request. An oral request is recorded with the same indications in a register and endorsed by the requestor." Requests can be oral or written - Article 10. No stringent requirements are listed
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 procedures2 Partially 1: "The right of access to public information is guaranteed in accordance with the provisions of article 7 of the Constitution. Access to information is a fundamental right of everyone bringing together freedom of information and the right to information. Every person, irrespective of nationality or profession, can request and obtain information wherever without having to justify the purpose of the information. The public body, or any considered as such, has a responsibility to assist requesters in their search for information." 17: "A public body or assimilated structure is not obliged to respond to requests for information that are manifestly imprecise, a nuisance or which have been recently responded to following a request from the same person. A request is considered imprecise if it does specify the information requested or contains very unspecific description of the information. A request is considered a nuisance if related to information that has been previously provided to the requestor or deemed to be known by him/her by virtue of his/her function or profession." Article 1 contains a general duty to assist, but Art 17 precludes 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=02 YES 1: "The right of access to public information is guaranteed in accordance with the provisions of article 7 of the Constitution. Access to information is a fundamental right of everyone bringing together freedom of information and the right to information. Every person, irrespective of nationality or profession, can request and obtain information wherever without having to justify the purpose of the information. The public body, or any considered as such, has a responsibility to assist requesters in their search for information." Article 1 contains a general duty to assist
18 Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working daysScore 1 point for receipt, 1 point for max 5 working days2 NO Not mentioned.
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 transfers2 Partially 11: "The head of the access to information service of the public body or affiliated structure to whom a request is referred is obliged to provide assistance to the requestor and to respond in a maximum of 20 working days in clear, precise and complete language. Where a request concerns information that can save the life or liberty of a person, the deadline to respond is reduced to 48 hours maximum. Where the respect of the deadline mentioned in paragraph 1 of the present article will seriously hamper operations because of difficulties associated with finding this information, the public body or affiliated body concerned, can send a written notification of extension before the expiration of the deadline. This extension should not go beyond 30 working days. Where an administration or service does not possess the information requested, it is required to assist the requestor to identify the administration or service that holds the information." Art 11 - requirement to assist requester in finding correct agency
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 limitations2 NO 12: "The head of a public body and/or assimilated structure who provides a favourable response to a request for access to information, must state the modalities of providing it and any fees due as the case may be. He can notably provide for consultation of all or in part of the document within the premises of the service having the information, provide a copy or photocopy of the document requested, or a compilation or resume of the information requested on paper or electronic form." Art 12 - form of delivery seems up to the agency
21 Public authorities are required to respond to requests as soon as possible.Score: No=0, Yes=2 points 2 NO Not mentioned.
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 Partially 11: "The head of the access to information service of the public body or affiliated structure to whom a request is referred is obliged to provide assistance to the requestor and to respond in a maximum of 20 working days in clear, precise and complete language." 20 working days
23 There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension.---2 Partially 11: "The head of the access to information service of the public body or affiliated structure to whom a request is referred is obliged to provide assistance to the requestor and to respond in a maximum of 20 working days in clear, precise and complete language." Art 11 - 30 working days, with notification. 1 point because the period is too long, and because there's no requirement for an explanation.
24 It is free to file requests.Score: No=0, Yes=2 points2 YES 14: "Access to documents and information in the possession of public bodies and/or affiliated structures is free. However, considering the nature and size of the document, the requestor may be asked to pay an amount that does not exceed the actual cost of the copies or photocopies of the document. A decree of the minister of finance will set fees and payment 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 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 optional2 YES 14: "Access to documents and information in the possession of public bodies and/or affiliated structures is free. However, considering the nature and size of the document, the requestor may be asked to pay an amount that does not exceed the actual cost of the copies or photocopies of the document. A decree of the minister of finance will set fees and payment procedures."
26   There are fee waivers for impecunious requesters ---2 NO Not mentioned.
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 points2 NO Not mentioned.


Exceptions

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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 Not mentioned.
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 framed10 Partially 16: "The Information Officer of an administration to whom request is made is not required to disclose: - Information already made public by posting or press release; - Information confidentially received from a third party; - Information concerning state security institutions or that which is held by them; - Information regarding on-going judiciary proceedings; - Information whose disclosure will cause serious prejudice to secrets protected by law; - Information likely to endanger the life, health or security of persons or their property; - Information whose disclosure is likely to cause the commission of an offense; - Information whose disclosure could be prejudicial to relations with a state or an international organization; - Information on an uncompleted inspection, monitoring or investigation mission; - Personal information likely violate privacy and dignity of a person; Also, an organization can refuse to disclose commercial and confidential information if: a- The information was obtained through a third party and if their disclosure can constitute a release of confidential information which is subject to prosecution; b- The information was confidentially received form a third party and if it contains commercial or industrial secrets or if its disclosure will seriously prejudice the commercial or financial interests of a third party; c- The information was confidentially obtained from a state or an international organization and if their disclosure can prejudice relations with that state or international organization." Art 16: Info confidentially received from a third party (overly broad), information deemed to be known by him/her by virtue of his/her function or profession
30 A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. Score 4 points and then deduct 1 point for each exception which is not subject to the harm test 4 Partially 16: "The Information Officer of an administration to whom request is made is not required to disclose: - Information already made public by posting or press release; - Information confidentially received from a third party; - Information concerning state security institutions or that which is held by them; - Information regarding on-going judiciary proceedings; - Information whose disclosure will cause serious prejudice to secrets protected by law; - Information likely to endanger the life, health or security of persons or their property; - Information whose disclosure is likely to cause the commission of an offense; - Information whose disclosure could be prejudicial to relations with a state or an international organization; - Information on an uncompleted inspection, monitoring or investigation mission; - Personal information likely violate privacy and dignity of a person; Also, an organization can refuse to disclose commercial and confidential information if: a- The information was obtained through a third party and if their disclosure can constitute a release of confidential information which is subject to prosecution; b- The information was confidentially received form a third party and if it contains commercial or industrial secrets or if its disclosure will seriously prejudice the commercial or financial interests of a third party; c- The information was confidentially obtained from a state or an international organization and if their disclosure can prejudice relations with that state or international organization." Art 16 - info concerning state security institutions, Information whose disclosure could be prejudicial to relations with a state or an international organization (Could is not an appropriate harm test);The information was confidentially received form a third party and if it contains commercial or industrial secrets... - no harm test for 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 NO Not mentioned.
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 each2 NO Not mentioned.
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 Not mentioned.
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 granted2 NO Not mentioned.
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 b2 NO Not mentioned.


Appeals

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MAX score
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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 18: "Following a denial of access and an unsuccessful appeal through hierarchy, the aggrieved requestor can make an informal appeal to the Ombudsman in accordance with the provisions of article 127 and following of the Constitution. This appeal procedure can be exercised within two months following denial of access." Art 18 mentions an appeal through the hierarchy - but contains no details on how this works.
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 yes2 YES 18: "Following a denial of access and an unsuccessful appeal through hierarchy, the aggrieved requestor can make an informal appeal to the Ombudsman in accordance with the provisions of article 127 and following of the Constitution. This appeal procedure can be exercised within two months following denial of access."
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 tenure2 NO Not mentioned.
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 parliament2 NO Not mentioned.
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 expertise2 NO Not mentioned.
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 powers2 NO Not mentioned.
42 The decisions of the independent oversight body are binding. Score N=0, Y=2 points2 NO Not mentioned.
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 fully2 NO Not mentioned.
44 Requesters have the right to lodge a judicial appeal.1 for partially, 2 for fully.2 YES 19: "An aggrieved requestor whose internal appeal fails can also lodge an appeal to the President of the Court of First Instance or the Magistrates Court in the jurisdiction of the accused organization."
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 Appeals can be made to either the Ombudsman or the National Independent Human Rights Institution, but no information was available regarding the nature of how these appeals work.
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 NO Not mentioned.
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 NO Not mentioned.
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 NO Not mentioned.


Sanctions & Proteccions

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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 YES 13: "Any denial of access to information or a document that is available must be justified by provisions of this law. Subject only to the exceptions listed in articles 16 and 17 of this organic law; all authorities to whom a request for information is sent should provide a response. Silence on the part of any authority of a public body or affiliated structure who has received a request for information constitutes a breach of duty punishable by sanctions provided in articles 156 and 157 of the penal code." 22: "Any civil servant who intentionally subtracts, deletes or steals acts and titles in his possession or those given to him by virtue of his functions will be sanctioned in accordance with article 185 of the Penal Code." 24: "The civil servant or employee, who without justification, delays or refuses to respond to information request or intentional provides false information as defined in article 155 of the Penal Code to any user, will be sanctioned in accordance with articles 156 and 157 of the same code." Art 13 provides sanctions for administrative silence. Art 22 and 24 provides further sanctions.
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 others2 NO Not mentioned.
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 protections2 NO Not in the law.


Promotional measures

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MAX score
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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 points2 YES 7: "Every public body or affiliated structure, depending on its size, should set up either a service, or an office in charge of disclosing information, inquires or documents requested. The office should be accessible and indicated to users." 8: "Every public body or affiliated structure should appoint a civil servant or an employee in charge of information and ensure that the public has easy access to information about this civil servant or employee; especially his name, his role and his contact details. This civil servant or employee in charge of information, should, in addition to obligations assigned to him by the present law, have the following duties: - Receive requests for information; - Assist requestors; - And ensure proper archiving of documents in view of making them available to requestors. The rules of organization and functioning of services or offices in charge of access to information are established by decree or decision of the head of the public body or affiliated structure."
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 points2 Partially The National Human Rights Institution is tasked with protecting the right to information, but this isn't quite the same as promoting it.
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 points2 NO Not mentioned.
57 A system is in place whereby minimum standards regarding the management of records are set and applied. Score Y/N, Y=2 points2 Partially 8: "Every public body or affiliated structure should appoint a civil servant or an employee in charge of information and ensure that the public has easy access to information about this civil servant or employee; especially his name, his role and his contact details. This civil servant or employee in charge of information, should, in addition to obligations assigned to him by the present law, have the following duties: - Receive requests for information; - Assist requestors; - And ensure proper archiving of documents in view of making them available to requestors. The rules of organization and functioning of services or offices in charge of access to information are established by decree or decision of the head of the public body or affiliated structure." Article 8 - the dedicated official is supposed to work to insure proper archiving.
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 points2 YES 15: "All public bodies and affiliated structures must in the general interest, publish and widely disseminate key information in the following non-exhaustive domains, in an easily accessibly manner at least once a year: - The description of the organization, its functions, its obligations and funding; - Detailed information about the services it offers to the public; - All specific procedures available to citizens to make requests or complaints about the actions of the organization or its failure to meet its obligations, as well as a resume of all requests, complaints, and other direct actions brought by citizens and responses provided by the organization or affiliated structure; - A guide with necessary information on how the organization preserves data, the types and form of information it holds, categories of information it publishes and procedures to follow to make a request for information; - A description of the powers and duties of top officials and decision-making process; - All the provisions, policy guidelines, rules, guides or manuals on how the organization carries out its functions; - The contents of all its decisions and or policy guidelines adopted which have effects on citizens, as well as the reasons for these choices and all authorized interpretations of these decisions and all information related to their context; - All mechanisms or procedures through which citizens can make observations or in one way or another influence the formulation of these policy guidelines or the exercise of the powers of the organization."
59 Training programs for officials are required Score Y/N, Y=2 points2 NO Not mentioned.
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 points2 NO Not mentioned.
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 points2 NO Not mentioned.