Country

Kyrgyzstan

Kyrgyzstan

Name of law : Law of The Kyrgyz Republic On access to information held by state bodies and local self-government bodies of the Kyrgyz Republic
First adopted : 2007

Section Max ScoreScore
Right of Access 6 4
Scope 30 30
Requesting procedures 30 24
Exceptions 30 13
Appeals 30 19
Sanctions 8 3
Promotional measures 16 8
TOTAL 150 101

Introduction:
Kyrgyzstan relies on an Ombudsman rather than a specialized Information Commission, which resulted in deductions in some areas due to the fact that the Ombudsman does not have any particular focus on access to information and also does not play a promotional role. The other major problem with this access regime is through its exceptions, many of which are overly broad. The law also lacks a public interest override and allows material to be exempted by other legislation. Nonetheless, this is a relatively strong law in a region where the right to access information is generally undeveloped.
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 NO Not mentioned in the constitution/jurispridence.
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 YES 3: "Everyone has a guarantee of the right to access to information held by state bodies and local self-government bodies. The main principles of freedom of access to information are accessibility, objectivity, timeliness, openness and truthfulness of information. State shall defense the right of each person to seek, receive, research, produce, impart and disseminate information. Restrictions of access and dissemination information shall be established only by law."
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 1: "The purposes of this Law are providing the realization and defense the right of access to information held by state bodies and local self-government bodies, and achieving the maximum informational openness, publicity and transparency in an activity of state bodies and local self-government bodies." 4(2): "Information about activity of state bodies and local self-government bodies are available to all. Any restriction of access to information held by state bodies and local self-government bodies is prohibited, except cases specified by article 5 of this Law." 3: "Everyone has a guarantee of the right to access to information held by state bodies and local self-government bodies. The main principles of freedom of access to information are accessibility, objectivity, timeliness, openness and truthfulness of information. State shall defense the right of each person to seek, receive, research, produce, impart and disseminate information. Restrictions of access and dissemination information shall be established only by law." Art 1 - maximum openness and Art 4(2) ---- Art 3




Scope

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Description

Scoring instructions
MAX score
Findings

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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 NO 3: "Everyone has a guarantee of the right to access to information held by state bodies and local self-government bodies. The main principles of freedom of access to information are accessibility, objectivity, timeliness, openness and truthfulness of information. State shall defense the right of each person to seek, receive, research, produce, impart and disseminate information. Restrictions of access and dissemination information shall be established only by law." Art 3 - "everyone", and requesting provisions make it clear that applies 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 YES No such restrictions.
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 YES 25: "1. State bodies and local self-government bodies shall realize the activities on developing and support the centralized automatized informational system of the official information uniting the database of the official information of the state bodies and local self-government bodies. 2. System of the official information must include the database with full list and texts of the laws currently in force within territory of the Kyrgyz Republic. State bodies and local self-government bodies shall organize the access to the electronic versions of the documents and materials. 3. System of the official information must be accessible for users of the global digital networks. There shall be provided free of charge familiarization and free of charge electronic copying of the documents and materials containing in the centralized automatized informational system of the official information. State bodies are responsible for the trustworthiness of the electronic version of the document or other official information included to the centralized informational system of the official information. 4. State bodies and local self-government bodies have a right to involve, on the contractual basis, the specialized organizations for execution of the requests on provision with information on the basis of using databases of specialized organizations. The responsible for the accuracy, the irrefragable character of the information providing by specialized organization and execution of other requirements of this Law shall hold the appropriate state body and local self-government body. If specialized organization does not have the required documents and materials which should be provisioned in accordance with this Law, information on the request shall be provided by official of the state body and local self-government body, who responsible for that." No restrictions. Art 25 explicitly grants access to databases
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 2(2): "In accordance with provisions of this Law all state bodies and local self-government bodies obligated to provision with information. State bodies are (recognize) organizations, established on permanent (continuing) basis in accordance with Constitution of the Kyrgyz Republic, constitutional and other laws, decrees of the President of the Kyrgyz Republic, authorized to realize the functions of legislative, executive or judicial powers, as well as to take the decisions obligatory for execution and provide their realization, financing from state budget, and also any territorial subdivision or structural unit realizing the functions or part of functions of the central state body. Local self-government bodies are (recognize) representative, executive-administrative and other bodies, forming by population itself for solving issues of local meaning, and also any territorial subdivision or structural unit realizing the functions and part of the functions of local self-government body. By terms “state body” and “local self-government body” comprehends also any institution, including its territorial subdivision or structural unit, financing fully or partly from republican or local budget and realizes functions not related with realization of state power or functions of self-government, including institutions of health, education, informational, statistics, advisory, on credit issues." Constitution section 3: "The President shall be the head of State. <...>" Constitution section 8: "Local self governance shall be the right guaranteed by the present Constitution and a real possibility for local communities to independently resolve the matters of local significance in their own interests and under their responsibility. <...>" Art 2(2) inlcudes all constitutional bodies - this includes the president and cabinet (Const s 3) and the entire executive as well as local governments (s 8) and any other bodies that act to perform functions of these 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 2(2): "In accordance with provisions of this Law all state bodies and local self-government bodies obligated to provision with information. State bodies are (recognize) organizations, established on permanent (continuing) basis in accordance with Constitution of the Kyrgyz Republic, constitutional and other laws, decrees of the President of the Kyrgyz Republic, authorized to realize the functions of legislative, executive or judicial powers, as well as to take the decisions obligatory for execution and provide their realization, financing from state budget, and also any territorial subdivision or structural unit realizing the functions or part of functions of the central state body. Local self-government bodies are (recognize) representative, executive-administrative and other bodies, forming by population itself for solving issues of local meaning, and also any territorial subdivision or structural unit realizing the functions and part of the functions of local self-government body. By terms “state body” and “local self-government body” comprehends also any institution, including its territorial subdivision or structural unit, financing fully or partly from republican or local budget and realizes functions not related with realization of state power or functions of self-government, including institutions of health, education, informational, statistics, advisory, on credit issues." Constitution section 4: "The Jogorku Kenesh - the Parliament of the Kyrgyz Republic - shall be the highest representative body exercising legislative power and oversight functions within the limits of its competence. <...>" Art 2(2) inlcudes all constitutional bodies - this includes the parliament (Const s 4)
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 2(2): "In accordance with provisions of this Law all state bodies and local self-government bodies obligated to provision with information. State bodies are (recognize) organizations, established on permanent (continuing) basis in accordance with Constitution of the Kyrgyz Republic, constitutional and other laws, decrees of the President of the Kyrgyz Republic, authorized to realize the functions of legislative, executive or judicial powers, as well as to take the decisions obligatory for execution and provide their realization, financing from state budget, and also any territorial subdivision or structural unit realizing the functions or part of functions of the central state body. Local self-government bodies are (recognize) representative, executive-administrative and other bodies, forming by population itself for solving issues of local meaning, and also any territorial subdivision or structural unit realizing the functions and part of the functions of local self-government body. By terms “state body” and “local self-government body” comprehends also any institution, including its territorial subdivision or structural unit, financing fully or partly from republican or local budget and realizes functions not related with realization of state power or functions of self-government, including institutions of health, education, informational, statistics, advisory, on credit issues." Constitution section 6: "Justice in the Kyrgyz Republic shall be administered only by a court. <...>" Art 2(2) inlcudes all constitutional bodies - this includes the judiciary (Const s 6)
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 The fact that the law includes all institutions established by law should cover this.
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 2(2): "In accordance with provisions of this Law all state bodies and local self-government bodies obligated to provision with information. State bodies are (recognize) organizations, established on permanent (continuing) basis in accordance with Constitution of the Kyrgyz Republic, constitutional and other laws, decrees of the President of the Kyrgyz Republic, authorized to realize the functions of legislative, executive or judicial powers, as well as to take the decisions obligatory for execution and provide their realization, financing from state budget, and also any territorial subdivision or structural unit realizing the functions or part of functions of the central state body. Local self-government bodies are (recognize) representative, executive-administrative and other bodies, forming by population itself for solving issues of local meaning, and also any territorial subdivision or structural unit realizing the functions and part of the functions of local self-government body. By terms “state body” and “local self-government body” comprehends also any institution, including its territorial subdivision or structural unit, financing fully or partly from republican or local budget and realizes functions not related with realization of state power or functions of self-government, including institutions of health, education, informational, statistics, advisory, on credit issues."
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(2): "In accordance with provisions of this Law all state bodies and local self-government bodies obligated to provision with information. State bodies are (recognize) organizations, established on permanent (continuing) basis in accordance with Constitution of the Kyrgyz Republic, constitutional and other laws, decrees of the President of the Kyrgyz Republic, authorized to realize the functions of legislative, executive or judicial powers, as well as to take the decisions obligatory for execution and provide their realization, financing from state budget, and also any territorial subdivision or structural unit realizing the functions or part of functions of the central state body. Local self-government bodies are (recognize) representative, executive-administrative and other bodies, forming by population itself for solving issues of local meaning, and also any territorial subdivision or structural unit realizing the functions and part of the functions of local self-government body. By terms “state body” and “local self-government body” comprehends also any institution, including its territorial subdivision or structural unit, financing fully or partly from republican or local budget and realizes functions not related with realization of state power or functions of self-government, including institutions of health, education, informational, statistics, advisory, on credit issues." 2(2) - includes bodies that exercise the functions of government, and anyone receiving financing from the state budget.

Requesting Procedures

Indicator

Description

Scoring instructions
MAX score
Findings

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Article

Comments
13 Requesters are not required to provide reasons for their requests.Y/N answer 0 or 2 points2 YES 9: "In a written request without fail must be indicated: a) name of the state body and (or) surname of official of state body and local self-government body, who is recipient of a request; b) for citizens - surname, name, patronymic, date of birth, place of residence; for legal entities (their branches and representative offices) - full name of a legal entity (branch, representatives office), location of management body (postal address), information about registration as a legal entity, surname and position of person who signed a request; c) subject of a request, which allow to judge unambiguously which kind of information, should be provided. Person making a request not obligated to motivate the reason of his/her request. Person, asking information has a right to include to the request number of contact telephone, and other information which on his/her opinion could assist for executing of a request. State body and local self-government shall elaborate the example forms of the requests for provision with information and provide access to such as forms in places of location of the state bodies, local self-government bodies and in post offices. On the underside of a request form for provision with information may be included the explanation of the order of filling out, terms, order of receiving and payment for provision with information. It is not required precise indicating of all properties of necessary documents or materials in formulating the subject of a request. If it is necessary to make more accurate the subject of a request, person responsibility for preparation the reply has a right to make more accurate the subject of a request by contact telephone on personal initiative. In a case of absence of a contact telephone, person responsibility for preparation a reply indecently shall make more accurate the subject of a request. The request for provision with information may be sent by citizen via post, courier, on electronic communication channels or personally delivered to appropriate state body and local self-government body."
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 Partially 9: "In a written request without fail must be indicated: a) name of the state body and (or) surname of official of state body and local self-government body, who is recipient of a request; b) for citizens - surname, name, patronymic, date of birth, place of residence; for legal entities (their branches and representative offices) - full name of a legal entity (branch, representatives office), location of management body (postal address), information about registration as a legal entity, surname and position of person who signed a request; c) subject of a request, which allow to judge unambiguously which kind of information, should be provided. Person making a request not obligated to motivate the reason of his/her request. Person, asking information has a right to include to the request number of contact telephone, and other information which on his/her opinion could assist for executing of a request. State body and local self-government shall elaborate the example forms of the requests for provision with information and provide access to such as forms in places of location of the state bodies, local self-government bodies and in post offices. On the underside of a request form for provision with information may be included the explanation of the order of filling out, terms, order of receiving and payment for provision with information. It is not required precise indicating of all properties of necessary documents or materials in formulating the subject of a request. If it is necessary to make more accurate the subject of a request, person responsibility for preparation the reply has a right to make more accurate the subject of a request by contact telephone on personal initiative. In a case of absence of a contact telephone, person responsibility for preparation a reply indecently shall make more accurate the subject of a request. The request for provision with information may be sent by citizen via post, courier, on electronic communication channels or personally delivered to appropriate state body and local self-government body." Art 9 - Requirement for DOB and residential address.
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 7(1): "Requests for information to state bodies and local self-government bodies may be sent in a form of: - oral direct addressing or by telephone; - written request, delivering by personal handing over, by post, by courier or by delivering on electronic communication channels." 7(1) - oral, written or electronic requests are all ok. Procedure seems simple enough.
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 YES 8: "1. In case of orally addressing for receiving information or addressing by telephone, the appropriate information shall be provided in oral form. 2. In oral form shall be provisioned the short information obviating (eliminating) the necessity of making the written requests to provision with information. Responsibility persons for provision with information not obligated to consult requesting citizens on components of the request subject. 3. If oral reply to a request is not irrefragable answer for citizen, he/she shall be explained about order of making requests, as well as other means of receiving information in accordance with the provisions of this Law. 4. Every oral addressing should be fixed (registered) in a journal, in which shall be indicated author of addressing, its telephone number, home address, date and time of addressing, subject or question of addressing, as well as information about state or municipal employee, who has replied on the addressing. Journal form and order of its journaling shall be established by Government of the Kyrgyz Republic." 9: "In a written request without fail must be indicated: a) name of the state body and (or) surname of official of state body and local self-government body, who is recipient of a request; b) for citizens - surname, name, patronymic, date of birth, place of residence; for legal entities (their branches and representative offices) - full name of a legal entity (branch, representatives office), location of management body (postal address), information about registration as a legal entity, surname and position of person who signed a request; c) subject of a request, which allow to judge unambiguously which kind of information, should be provided. Person making a request not obligated to motivate the reason of his/her request. Person, asking information has a right to include to the request number of contact telephone, and other information which on his/her opinion could assist for executing of a request. State body and local self-government shall elaborate the example forms of the requests for provision with information and provide access to such as forms in places of location of the state bodies, local self-government bodies and in post offices. On the underside of a request form for provision with information may be included the explanation of the order of filling out, terms, order of receiving and payment for provision with information. It is not required precise indicating of all properties of necessary documents or materials in formulating the subject of a request. If it is necessary to make more accurate the subject of a request, person responsibility for preparation the reply has a right to make more accurate the subject of a request by contact telephone on personal initiative. In a case of absence of a contact telephone, person responsibility for preparation a reply indecently shall make more accurate the subject of a request. The request for provision with information may be sent by citizen via post, courier, on electronic communication channels or personally delivered to appropriate state body and local self-government body." 32(1): "State bodies and local self-government bodies obligated to: - provide the technical-organizational and other necessary conditions for realization of the right of access to information; - custody during set time the official documents comprising the information which liable to provision in accordance with this Law, adopted by them acts, as well as acts of that state bodies and local self-government bodies, which assignees they are; - provide the trustworthiness and fullness of providing information, keeping statutory terms and conditions of provisions (providing); - keep statute-established order of promulgation of official documents." Art 8 and Art 9 mention clarification procedures. 32(1) seems to mention a general duty to assist requesters.
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 Partially 32(1): "State bodies and local self-government bodies obligated to: - provide the technical-organizational and other necessary conditions for realization of the right of access to information; - custody during set time the official documents comprising the information which liable to provision in accordance with this Law, adopted by them acts, as well as acts of that state bodies and local self-government bodies, which assignees they are; - provide the trustworthiness and fullness of providing information, keeping statutory terms and conditions of provisions (providing); - keep statute-established order of promulgation of official documents." 32(1) seems to mention a general duty to assist requesters - but not specific enough for 2 points.
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 YES 8(4): "Every oral addressing should be fixed (registered) in a journal, in which shall be indicated author of addressing, its telephone number, home address, date and time of addressing, subject or question of addressing, as well as information about state or municipal employee, who has replied on the addressing. Journal form and order of its journaling shall be established by Government of the Kyrgyz Republic." 8(4) provides a receipt for oral requests. Expert tells us it is standard adminstrative practice to receive receipts for any request made to an agency.
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 YES 12: "1. If the state body or local self-government does not hold and not obligated to hold in accordance with this Law the requesting documents and materials, then person concerned shall be informed about it. 2. When another state body or local self-government body obligated to hold the requiring documents, then a request shall forward to the appropriate body which shall obligated to reply to this request. If in a request indicated the number of the contact telephone or information about other vehicle of communication, the request executor shall inform the person enquiring about forwarding the request and makes note about it in a written request. 3. If the required documents were promulgated, the executor of a request has a right to give a reference in a reply to the appropriate source of information’s promulgation." Art 12 - requirement for transfers with notification.
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 YES 7(2): "Reply to a request shall satisfy in that form, whic h was delivered a request." 7(2) covers this
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 YES 10: "The Official in Charge shall reply to or reject the request within thirty (30) days as of the date following the date of request submission. <...>" 2 weeks
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 10: "Preparation of a reply to the written requests shall be executed within two weeks term. The calculation of a term for replying to a request starts from the day of receiving a request by state body and local self-government body and ends in day when a reply to a request shall be transferred by it to the department of mail service, personally to author, or to his/her courier or representative or day of fixing the sending on electronic communication channel. If a request in accordance with requirements of this Law needs in forwarding to another state body and local self-government body, the calculation of the term for the reply to the request starts from the day of receiving the request by other state body or local self-government body, which obligated to provision with information in accordance with this Law. If within two weeks term a reply to a request may not be prepared, person who sent a request shall be informed about it with the reason of prolongation. Period of prolongation may not exceed two weeks term. Not providing with reply to a request within term, established by this article or absence of confirmation about prolongation of the term for reply shall consider as a refusal in provision with reply to a request." Art 10 - 2 more weeks with notification requirement.
24 It is free to file requests.Score: No=0, Yes=2 points2 YES 13(1): "Preparation the replies to the requests of citizens and organizations shall be realized by state bodies and local self-government bodies free of charge, with the exception of cases established by point 3 of this article."
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 13(3): "For the requests for information which need copying the documents or their parts in a volume exceeding 5 pages, there shall admit the payment for providing the appropriate copying services, not exceeding their cost price. Unified price lists for the copying services and repayment terms shall be approved by Government of the Kyrgyz Republic. State bodies and local self-government bodies have a right to dispense from payment for provision with information persons relevant to social unprotected category of the population."
26   There are fee waivers for impecunious requesters ---2 YES 13(3): "For the requests for information which need copying the documents or their parts in a volume exceeding 5 pages, there shall admit the payment for providing the appropriate copying services, not exceeding their cost price. Unified price lists for the copying services and repayment terms shall be approved by Government of the Kyrgyz Republic. State bodies and local self-government bodies have a right to dispense from payment for provision with information persons relevant to social unprotected category of the population."
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

Indicator

Description

Scoring instructions
MAX score
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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 NO 2(3): "Force (purview) of this Law shall not apply: to relations, arising on citizens’ addressing with suggestions, complaints and petitions to the state bodies and local self-govern ments; to relations, related with access of state bodies or local self-government bodies to information held by other state bodies or local self-government bodies; to relations, related with provision with information, to which access is restricted in accordance legislation of the Kyrgyz Republic." 5(1): "Information with restricted access is (recognizes) the information attributed to the state secrets as well as confidential information. Attribution of information to the state secrets shall realize in accordance with legislation of the Kyrgyz Republic on state secrets. Confidential information is information containing official secret of state bodies and local self-government, as well as held by state bodies and local self-government bodies containing secrets of other people protected by law." Art 2(3) exempts info classified by other laws. 5(1) explicitly mentions the state secrets law.
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 2(3): "Force (purview) of this Law shall not apply: to relations, arising on citizens’ addressing with suggestions, complaints and petitions to the state bodies and local self-governments; to relations, related with access of state bodies or local self-government bodies to information held by other state bodies or local self-government bodies; to relations, related with provision with information, to which access is restricted in accordance legislation of the Kyrgyz Republic. 5(1): "Information with restricted access is (recognizes) the information attributed to the state secrets as well as confidential information. Attribution of information to the state secrets shall realize in accordance with legislation of the Kyrgyz Republic on state secrets. Confidential information is information containing official secret of state bodies and local self-government, as well as held by state bodies and local self-government bodies containing secrets of other people protected by law." 5(3): "Confidential information containing secret of other people protected by law is (recognize) information attributed in accordance with legislation of the Kyrgyz Republic to the secrets of private life, commercial, professional or other kinds of secrets. Officials of state bodies and local self-government bodies have responsibilities established by legislation of the Kyrgyz Republic for disclosure of confidential information, containing protected by law secrets of other people, if they have became familiar with them because of realization the powers established by law." Art 2(3) - doesn’t include complaints made to state bodies. Art 2(3)- doesn't apply to intragovernmental communications. Art 5(1) state secrets. 5(3) seems overly broad and not harm tested with regards to commercial secrets.
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 5(2)(2) : "describing the concrete content of closed hearings and sessions, as well as personnel position of official during closed session or voting." Art 5(2)(2) - Confidential information containing official secret of state bodies.
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 YES 4(4): "It may not be restricted the familiarization with the decision, on the basis of what access to information is restricted. Documents and materials which contain information, to which the access to information should be restricted in accordance with legislation of Kyrgyz Republic, shall be provided with that part which don’t include such as information."
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 YES 15(3): "Rejection in provision with information must include the following information: 1) motivation with indication the concrete links to the norms of legislation of Kyrgyz Republic, on which basis there was rejected the provision with information; 2) means (ways) and order of appealing the rejection in provision with information."


Appeals

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36 The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less).Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals.2 Partially 35: "Refusal of the responsibility person in provision with information, as well as other actions and decisions of responsibility person, violating the requirements of this Law, may be appealed to the superior officer, to the Ombudsman (Akyikatchy) of the Kyrgyz Republic or in the court in according with legislation of the Kyrgyz Republic." Art 35 allows for an appeal but is vague on procedure.
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 35: "Refusal of the responsibility person in provision with information, as well as other actions and decisions of responsibility person, violating the requirements of this Law, may be appealed to the superior officer, to the Ombudsman (Akyikatchy) of the Kyrgyz Republic or in the court in according with legislation of the Kyrgyz Republic." Art 35 - to the Ombudsman
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 Ombudsman is appointed by parliament according to the constitution - but no other protections exist.
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 Partially Ombudsman reports to parliament according to the constitution.
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 Partially Ombudsman is empowered to see classified documents, but not inspect premises
42 The decisions of the independent oversight body are binding. Score N=0, Y=2 points2 Partially Ombudsman Law 8(2) allows him to make order which, if not followed, get referred to the prosecutor.
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 Partially Under the Ombudsman Law the Ombudsman can order solutions, but if they are not complied with he/she refers it to the Prosecutor General to take action
44 Requesters have the right to lodge a judicial appeal.1 for partially, 2 for fully.2 YES 35: "Refusal of the responsibility person in provision with information, as well as other actions and decisions of responsibility person, violating the requirements of this Law, may be appealed to the superior officer, to the Ombudsman (Akyikatchy) of the Kyrgyz Republic or in the court in according with legislation of the Kyrgyz Republic."
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 Ombudsman Law Article 10
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 35: "Refusal of the responsibility person in provision with information, as well as other actions and decisions of responsibility person, violating the requirements of this Law, may be appealed to the superior officer, to the Ombudsman (Akyikatchy) of the Kyrgyz Republic or in the court in according with legislation of the Kyrgyz Republic." Art 35 provides broad grounds for appeal.
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 Partially Ombudsman law contains procedures, but no timelines.
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 YES Yes - the Ombudsman law puts the onus on the government agencies to justify their actions.
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 Partially Same as above. "Yes - the Ombudsman law puts the onus on the government agencies to justify their actions."


Sanctions & Proteccions

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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 36: "Persons, who are guilty in default or improper execution of responsibilities on provision with information shall bring in accordance with legislation of the Kyrgyz Republic to criminal, administrative, civil, disciplinary or material liability in accordance with legislation of the Kyrgyz Republic." Art 36 seems to cover this.
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 Partially 36: "Persons, who are guilty in default or improper execution of responsibilities on provision with information shall bring in accordance with legislation of the Kyrgyz Republic to criminal, administrative, civil, disciplinary or material liability in accordance with legislation of the Kyrgyz Republic." Art 36 mentions administrative penalties, but is unclear on remedial action.
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 mentioned.


Promotional measures

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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 30(1): "For organizing the access to information in structure of state bodies shall be established special services authorizing with appropriate functions and powers in accordance with established procedure, or fulfilling of these functions shall be entrusted to other services and subdivisions, existing in a structure of state body and local self-government body, or to concrete official."
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 NO Not mentioned.
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 YES 20(4) : "information about system of documentation of the materials, types and forms of information which is at the disposal of organization, categories of information and description of procedure of preparation of request on information;"
57 A system is in place whereby minimum standards regarding the management of records are set and applied. Score Y/N, Y=2 points2 NO Not mentioned.
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 20: "State body and local self-government body obligated annually and in available form to promulgate information, which includes: 1) its functions and tasks, powers, duties and annual budget; 2) list and description of services rendering by state body and local self-government body; 3) order of consideration and satisfaction of requests or complaints, which can use citizens and organization concerning activity of state body and local self-government body, and example of preparation of request, complaint and other actions of turned persons; 4) information about system of documentation of the materials, types and forms of information which is at the disposal of organization, categories of information and description of procedure of preparation of request on information; 5) description of authorities and duties of the heads and procedures of decision making by them; 6) manual, rules and collections containing information about performing by own duties state body or local self-government body; 7) any mechanisms and procedures which allow citizens and organizations to present own judgment (opinion) or influence to forming of politics or fulfilling the powers of this state body and local self-government body; 8) generalized information about addressing of citizens and organizations received by state body and local self-government body, about results of consideration and taken measures; 9) lists of information systems for general use, data bank, rolls, registers which are under competence of state body and local self-gover nment body, and rolls (lists) of rendering for citizens and organizations information resources and services; 10) information about official visits and business trips of the heads and official delegations of state body and local self-government body; 11) information about official activities, organizing by state body and local self-government body, including sessions, meetings, briefing, collegiums; 12) information about decisions adopted during official activities, organizing by state body and local self-government body; 13) information about policy plans of state body and local self-government body; 14) texts of official statements and formal addresses of heads and representatives of state body and local self-government body; 15) information about projects (drafts) of special and other programs elaborating by state body and local self-government body; 16) information about special and other programs which customer or executor is state body or local self-government body, goals and main tasks, customers and main executors of programs, terms and expected results of realization, amount of financing, stage of their realization; 17) information about execution of budget by state body and local self-government body; 18) information about spending the funds of foreign technical assistance on projects and activities realizing with participation of state body and local self-government body; 19) analytical papers, work reports, informational reviews about activities of state body and local self-government body; 20) information about main indexes showing the situation and epigenetics of spheres which are in competence of state body and local self-government body; 21) forecasts prepared by state body and local self-government body; 22) official statistical information collected and processed by state body and local self-government body; 23) information about open competitions, auctions, tenders, expertise and other activities conducting by state body and local self-government body, including: - rules of their conducting; - order of participation of individuals and legal entities; - staff of competitive commissions for conducting the competitions to delivery the goods (execution of works, rendering of services) for state or municipal needs; - journals of competitive commission’s sessions; - order of appealing the decisions adopted by state body and local self-government body; 24) forms of complaints, established by legislation of the Kyrgyz Republic and entertaining to consideration state body and local self-government body; 25) information about checks conducted by state body and local self-government body within their competence, and checks conducted in state body and local self-government body; 26) information about conditions of defense of population and its territory from emergency situations and assumed measures on protection, about forecast emergency situations, methods and ways of protection of population from them, as well as other information liable in accordance with laws to bring to citizens and organization in accordance with laws; 27) list of civil agreements concluded by state body and local self-government body with individuals and legal entities; 28) information about entrance of citizens to state and municipal service in this state body and local self-government body: order of entrance of citizens to state and municipal service; list of existing vacant public positions of public service, municipal positions of municipal service; qualification requirements to candidates for vacant positions in public service, municipal positions of municipal service; conditions and results of competitions for filling of vacant position of public service, municipal positions of municipal service. 29) information about interaction of state body and local self-government bodies with other state bodies and local self-government bodies, public unions, political parties, trade unions and other organizations, including international organizations; 30) information about heads of state body, its organization departments, foreign branch offices, territorial departments, lower organizations (surnames, names and patronymics, biographical information – by the approval with mentioned persons); 31) structure of state body and local self-government body, information about tasks and functions of their organization departments, postal addresses, telephones of referrals services and address properties, including postal address, e-mail address, number of their employees and size of salary fund; 32) information about organizations which under jurisdiction of state body and local self-government body: list of organizations, their postal and legal addresses, telephone; description of fulfilling by them tasks and functions, information about their establishment, reorganization and liquidation, number of their employees, main indicators of activities, size of salary fund; 33) telephone numbers and address data, including postal address, e-mail address, subdivisions of state body and local self-government body on working with requests of citizens and organization, information about order of these subdivisions’ work. 34) list of foreign representative offices of state body and local self-government body, telephones and address details, e-mail address; 35) list of international organizations in which activity takes participation state body and local self-government body; 36) information about participation of state body and local self-government body in realization of international treaties of Kyrgyz Republic and programs of international cooperation." Art 20 requires them to publish info on categories of information available, as well as info on registries and databanks available to the public.
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 YES Yes - this responsibility exists according to our expert, although in practice its implementation has been spotty.
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 No - nothing suggests that the ombudsman assumes this role.