Country

Mongolia

Mongolia

Name of law : The Law of Mongolia on Information Transparency and Right to Information
First adopted : 2011

Section Max ScoreScore
Right of Access 6 4
Scope 30 23
Requesting procedures 30 18
Exceptions 30 6
Appeals 30 23
Sanctions 8 2
Promotional measures 16 4
TOTAL 150 80

Introduction:
Far and away the biggest problems with Mongolia's access law is its exceptions regime, which is overly broad, not harm tested, and lacks a proper public interest override. This is a shame, since the law's broad scope, strong procedural safeguards and robust appeals mechanism could otherwise make for a highly effective legal framework.
Right of Access

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1 The legal framework (including jurisprudence) recognises a fundamental right of access to information.Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.2 Partially Constitution Article 16.17): "The right to seek and receive information except that which the state and its bodies are legally bound to protect as secret. In order to protect human rights, dignity, and reputation of persons and to ensure national defense, security, and public order, the information which is not subject to disclosure must be classified and protected by law." Constitution Art 16.17 - but isn't quite express enough for 2 points.
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 5.1.3: "All information other than those classified as “confidential” according to the laws shall be open to the public;"
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 Partially 5.1: "The following principles shall be adhered to in the activity of ensuring information transparency and the right to information: 5.1.1. Rule of law; 5.1.2. Respect for the citizen’s and legal entities’ lawful interests; 5.1.3 All information other than those classified as “confidential” according to the laws shall be open to the public; 5.1.4. Independence; 5.1.5 The activity of providing public with information shall be prompt."




Scope

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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 11.1: "A citizen and a legal entity shall be entitled to receive the following information not related to the human rights and freedoms, national security, and lawful interests of organizations prohibited to be released to the public under the laws from the state bodies listed in the section 3.1 of the present law: 11.1.1. All information and documents, and information pertaining to the organization’s contracts and agreements in possession of the organization; 11.1.2. All information pertaining to the goods and items in possession of the organization; 11.1.3. Any other information pertaining to the functioning of the organization." 4.1.1: "a ”citizen” is a citizen of Mongolia as well as a foreign citizen or a stateless person residing in Mongolia lawfully;" 11.1 allows legal persons, but the Art 4 definition of "citizens" does not allow non-citizen non-residents to make a request.
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 11.1: "A citizen and a legal entity shall be entitled to receive the following information not related to the human rights and freedoms, national security, and lawful interests of organizations prohibited to be released to the public under the laws from the state bodies listed in the section 3.1 of the present law: 11.1.1. All information and documents, and information pertaining to the organization’s contracts and agreements in possession of the organization; 11.1.2. All information pertaining to the goods and items in possession of the organization; 11.1.3. Any other information pertaining to the functioning of the organization." 11.1 is quite broad.
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 11.1: "A citizen and a legal entity shall be entitled to receive the following information not related to the human rights and freedoms, national security, and lawful interests of organizations prohibited to be released to the public under the laws from the state bodies listed in the section 3.1 of the present law: 11.1.1. All information and documents, and information pertaining to the organization’s contracts and agreements in possession of the organization; 11.1.2. All information pertaining to the goods and items in possession of the organization; 11.1.3. Any other information pertaining to the functioning of the organization." 11.1 is quite broad.
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 Partially 3.1: "This law pertains to the central government and local government bodies funded by the state budget: 3.1.1. The Secretariat of the State Great Khural (Parliament); 3.1.2. The Office of the President; 3.1.3. The Cabinet Secretariat; 3.1.4. The Secretariat of the National Security Council (with the exception of the Cabinet); 3.1.5 State central administrative and other state administrative bodies; 3.1.6. Judiciary and state prosecutor’s offices (at all levels); 3.1.7. Bodies and institutions arising from the functioning of the State Great Khural (Parliament) with the exception of the Cabinet; 3.1.8. Local government and elected offices’ secretariats, legal entities funded through local government property partially or entirely; 3.1.9. Legal entities funded through state property partially or entirely; 3.1.10. Non-governmental organizations fulfilling certain functions of the executive branch in accordance with the sub-section 1 of Article 19 of the Law of Mongolia on the Government; and 3.1.11. The Mongolian National Broadcaster Television and Radio." 3.1 - president, cabinet, all state administrative organs, national security council, and local government entities - 5 points. Exclusions for the armed forces, border protection and intelligence organizations.
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 Partially 3.1.1 : "The Secretariat of the State Great Khural (Parliament);" 3.1.7 : "Bodies and institutions arising from the functioning of the State Great Khural (Parliament) with the exception of the Cabinet;" 3.1.1 and 3.1.7 - includes the secretariat of parliament and institutions of parliament, but not the parliament itself.
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 3.1.6 : "Judiciary and state prosecutor’s offices (at all levels);"
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 3.1.9 : "Legal entities funded through state property partially or entirely;"
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 3.1: "This law pertains to the central government and local government bodies funded by the state budget: 3.1.1. The Secretariat of the State Great Khural (Parliament); 3.1.2. The Office of the President; 3.1.3. The Cabinet Secretariat; 3.1.4. The Secretariat of the National Security Council (with the exception of the Cabinet); 3.1.5 State central administrative and other state administrative bodies; 3.1.6. Judiciary and state prosecutor’s offices (at all levels); 3.1.7. Bodies and institutions arising from the functioning of the State Great Khural (Parliament) with the exception of the Cabinet; 3.1.8. Local government and elected offices’ secretariats, legal entities funded through local government property partially or entirely; 3.1.9. Legal entities funded through state property partially or entirely; 3.1.10. Non-governmental organizations fulfilling certain functions of the executive branch in accordance with the sub-section 1 of Article 19 of the Law of Mongolia on the Government; and 3.1.11. The Mongolian National Broadcaster Television and Radio." 3.1 - state administrative entities
12 The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. 1 point for public functions, 1 point for public funding 2 Partially 3.1.10 : "Non-governmental organizations fulfilling certain functions of the executive branch in accordance with the sub-section 1 of Article 19 of the Law of Mongolia on the Government;" 3.1.10 - but no mention of entities receiving public funding.

Requesting Procedures

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13 Requesters are not required to provide reasons for their requests.Y/N answer 0 or 2 points2 YES 12.1.3 : "Not to explain the requirement and ground for receiving 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 11.3.1: "The citizen, who is making the request for information, shall write down his or her full name, residence and email addresses, telephone number, number of citizen D card or equivalent document, and sign on the request duly;" 11.3.2: "The legal person, which is making the request for information, shall write down its full name, address, email address and state registration number on the request and have it signed by a person duly authorized to represent it;" 11.3.1 and 11.3.2 go far beyond this
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 15.1: "A citizen or a legal entity may request information electronically." Relatively straightforward - no onerous requirements. 15.1 allows electronic requests
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 12.1.4 : "To make additional inquiry about the issues related to the received information;" 12.1.5 : "To have oral explanation about the content of the received information;" 12.2.3 : "To identify the information to be received substantively." 12.1.4 and 12.1.5 seem to provide for this, to some extent - though the 12.2.3 requirement to be realistic in asking for the info is troubling, and makes it seem like clarification help would not be forthcoming and the request would simply be scrapped.
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 NO Not mentioned.
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 YES 13.1.3: "Whether the requested information is in possession of the concerned body in receipt of such a request. If not, the official shall transfer the information request to the body that is in possession of the requested information within 2 days and shall inform the citizen or the legal entity which has made such a request;" 13.1.3 - direct, quick transfers
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 12.1.2 : "To select the form of receiving information;"
21 Public authorities are required to respond to requests as soon as possible.Score: No=0, Yes=2 points 2 YES 14.7: "A request for information that is available immediately shall be resolved and answered immediately".
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 14.8: "Unless otherwise specified in the laws, information shall be given within 7 business days to a citizen or legal entity that made request. If a request is made by citizens jointly, its answer shall be given to their representative." 7 business 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 YES 14.9: " If it is deemed necessary, the deadline specified in the provision 14.8 can be extended once by 7 days."
24 It is free to file requests.Score: No=0, Yes=2 points2 YES 16: "16.1. When a citizen or a legal entity request information, certain service fees shall apply. 16.2 The amount of service fee specified in the provision 16.1 of the present Law shall be set by the management of the organization in consistency with the cost of giving such information, and service fee calculation methodology and procedures of paying service fee and service fee exemption or discount shall be approved by the Government. 16.3 The service fee specified in the provision 16.1 of the present Law shall not be charged in addition to other service fees specified in the laws. 16.4 The service fee shall not exceed the costs of copying and postal delivery etc. related to giving such information." 4.1.8: "”expenditure for information release” is the expenditure incurred in photocopying, copying, postage and other expenses related to releasing of information citizens and legal entities;" 16 and 4.1.8 imply that this is the case - by limiting the service fee to the direct cost of reproduction
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 Partially 4.1.8: "”expenditure for information release” is the expenditure incurred in photocopying, copying, postage and other expenses related to releasing of information citizens and legal entities;" 4.1.8 defines expenses in a limited way - according to copying, mail delivery, etc.
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 2: "2.1 The legislation pertaining to information transparency and the right to obtain information consists of the Constitution 1, the Law on State Secret 2, the Law on Approval of State Classified Information List 3, the Privacy Law 4, this Law and other legal acts of Mongolia enacted in conformity with the aforementioned laws. 2.2. If the present law conflicts with any treaty obligations of Mongolia, the treaty obligations shall prevail." 18.1.5 : "Any other information specified in the laws." Art 2 - the law on state secrets remains in force, and the law can also be trumped by international treaties, reinforced by 18.1.5
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 3.3: "This Law shall not apply when receiving and resolving petitions, comments, complaints and statements specified in the Article 4 of the Law on Resolution of Petitions and Complaints Made by Citizens to the State Agencies and Public Officials." 11.1: "A citizen and a legal entity shall be entitled to receive the following information not related to the human rights and freedoms, national security, and lawful interests of organizations prohibited to be released to the public under the laws from the state bodies listed in the section 3.1 of the present law: 11.1.1. All information and documents, and information pertaining to the organization’s contracts and agreements in possession of the organization; 11.1.2. All information pertaining to the goods and items in possession of the organization; 11.1.3. Any other information pertaining to the functioning of the organization." 18.1.3 : "If the concerned information relates to the state, organization and person’s secret under review at the first instance report filing, investigation, and prosecution;" 21.1: "It is prohibited to disclose a business entity’s confidential information, technological solutions, project and R&D documents, information related to required equipments and machinery etc., which are related to the specifics of operations of the business entity or considered confidential and protected for the purpose of protecting its market share and strength in fair competition as specified in the section 2, Article 3 of the Law on Business Entity’s Secret and disclosure of which may cause damage to its lawful interest, to others without a written consent of the authorized person of the business entity (executive management or other person authorized by executive management)." 3.3 - does not apply to citizen petitions. Art 11.1 - Ensuring human rights, ensuring freedom, lawful interests of authorities, 18.1.3. if it is necessary to protect the secrets of state, organization and individual during the process of inquiry, investigation and prosecution (overly broad), 21.1 - info related to the unique activity of the organization (overly broad trade clause).
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 11.1: "A citizen and a legal entity shall be entitled to receive the following information not related to the human rights and freedoms, national security, and lawful interests of organizations prohibited to be released to the public under the laws from the state bodies listed in the section 3.1 of the present law: 11.1.1. All information and documents, and information pertaining to the organization’s contracts and agreements in possession of the organization; 11.1.2. All information pertaining to the goods and items in possession of the organization; 11.1.3. Any other information pertaining to the functioning of the organization." 18.1.2 : "In case if the requested information is related to an issue investigated by Mongol Bank, Financial Regulatory Committee or a government administrative body in charge of professional inspection affairs;" 18.1.4 : "If the concerned information relates to the ratification of the international treaty process;" 11.1 - national security, 18.1.2 - if the concerned information is related to matters under review by the Mongol Bank, the Financial Regulatory Commission, state administrative organizations in charge of competition or specialized inspection; 18.1.4. if the concerned information is related to the process of concluding international treaty or agreement;
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 Partially 13.3: "When returning the information request, reasons for such a return shall be made clear." 13.3 - Requirement for explanation - not for appeal mechanisms


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 12.1.7 : "To make a complaint to a relevant authority or an official in case if he or she thinks that his or her rights are violated;" 12.1.7 mentions this, and claims the rules governing it are listed in the civil procedure code. No indication of where.
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 17.1: "A citizen or a legal entity that considers its lawful right to information infringed by the commission or omission of the official, body, and organization shall have a right to complain to the upper level instances within the body or organization, the National Human Rights Commission of Mongolia, or to the court."
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 YES HR Commission Act Article 5: "5.1. The Speaker of the State Great Hural (Parliament) shall nominate names for candidates for Commissioners to the State Great Hural on the basis of respective proposals by the President, the Parliamentary Standing Committee on Legal Affairs and the Supreme Court. 5.2. If the State Great Hural declines to appoint a candidate as a Commissioner, then the Speaker of the State Great Hural shall submit the name of another person within 14 (fourteen) days in accordance with procedure provided in Art 5.1. 5.3. A name of the same person shall not be nominated again. 5.4. The State Great Hural shall consider and decide on this issue within 30 (thirty) days from the date of submission of the names for candidates. 5.5. In case any of Commissioners has been released, resigned from his/her official position or deceased before the expiry of the term of his/her office, the Great State Hural shall appoint replacement for that Commissioner within 60 (sixty) days from that date in accordance with this Law. 5.6. A Chief Commissioner shall be appointed for a term of 3 (three) years from among Commissioners by the State Great Hural, based on the proposal by the Speaker of the State Great Hural. 5.7. Commissioners shall not hold any job or office concurrently other than that mandated by this Law, except that of engaging in training and research. If any of Commissioners has been holding another job or office before his/her appointment, then he/she shall be released from that job or office from the day on which he/she has taken an oath of office." HR Commission Act Article 8: "8.1. The State Great Hural shall release a Commissioner from his/her office in the following cases: 8.1.1. A Commissioner has been nominated as a candidate for the President of Mongolia, or for the Member of the State Great Hural; 8.1.2. A Commissioner has been appointed or elected to another official position; 8.1.3. A Commissioner has requested on his/her own because he/she becomes unable to exercise his/her powers due to health conditions or for any other excusable reasons. 8.2. The State Great Hural shall discuss and make a decision within 14 (fourteen) days from the date of receipt of a proposal and decision from the competent authority on whether to suspend his/her powers, if a Commissioner has been implicated in the crime, as well as has been arrested as provided in Art 23.1. of this Law. 8.3. The State Great Hural shall restore his/her powers and adopt a resolution to that effect, on the basis of a decision by the competent authority or official, which has established that a Commissioner has not been implicated in the crime or not guilty of committing it. 8.4. The State Great Hural shall dismiss him/her from the office and adopt a resolution to that effect, if a crime, which has been proved to be committed by a Commissioner, and a final binding judgement to that effect by the Court has come into force." HR Commission Act Article 23: "23.1. If Commissioners has been arrested in a criminal act or on the site of crime with all implicating evidence, it shall be reported by the relevant official to the Chairperson of the State Great Hural within the following 24 (twenty four) hours. In all other cases it shall be prohibited to detain, imprison or impose administrative sanctions by way of a judicial process on Commissioners, and to conduct the search of his/her home, office room and body. 23.2. Unless otherwise provided by the law, it shall be prohibited to release and/or dismiss Commissioners as well as to transfer him/her to another job or official position without his/her consent. 23.3. It shall be prohibited to divulge the confidentiality of correspondence related to the exercise of powers by Commissioners. 23.4. Business entities, organisations and their officials and citizens shall have obligations to render all kinds of assistance to Commissioners in exercise of his/her powers." HR Commission Act Art 5 - a diffuse appointment process involving courts, parliament, etc. Art 8 and Art 23 provides security of tenure.
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 YES 22: "22.1 A government administrative body in charge of information and technology affairs shall exercise the following full rights in connection with the issue of ensuring information transparency and the right to information: 22.1.1. Develop the common regulation in relation to the data digitization, generation, dissemination and utilization of databases, guaranteeing its uninterrupted functioning, data storage and protection as specified in the Articles 7, 8.1, 9 and 10 of the present law; 22.1.2. Provide technical and methodological assistance and guidance on the data digitization, generation, dissemination and utilization of databases, guaranteeing its uninterrupted functioning, data storage and protection through conducting trainings among state bodies and organizations; 22.1.3. Any other powers vested in the state administrative body through the laws. 22.2. The regulation specified in the provision 22.1.1 of the present law shall be approved by the Government of Mongolia."
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 Partially HR Commission Act Article 4.1: "A candidate for Commissioners shall be a Mongolian citizen of high legal and political qualification, with appropriate knowledge and experience in human rights, with a clean criminal record and who has reached the age of 35 (thirty-five)." 4.1 of the HR Commission act requires professional expertise.
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 YES 16: "16.1. When a citizen or a legal entity request information, certain service fees shall apply. 16.2 The amount of service fee specified in the provision 16.1 of the present Law shall be set by the management of the organization in consistency with the cost of giving such information, and service fee calculation methodology and procedures of paying service fee and service fee exemption or discount shall be approved by the Government. 16.3 The service fee specified in the provision 16.1 of the present Law shall not be charged in addition to other service fees specified in the laws. 16.4 The service fee shall not exceed the costs of copying and postal delivery etc. related to giving such information."
42 The decisions of the independent oversight body are binding. Score N=0, Y=2 points2 Partially HR Commission Act Article 19.5: "Commissioners may approach the Court, according to the procedure established by law, with regard to the business entities, organisations or officials which have refused to undertake relevant measures as provided under his/her demands and/or recommendations." Art 19.5 allows the HR commission to approach Courts if their recommendations aren't followed - but no indiciation as to whether or not the Courts have to enforce them.
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 Again - HR Commission can go to Court to complain, but not quite the same as binding power.
44 Requesters have the right to lodge a judicial appeal.1 for partially, 2 for fully.2 YES 17.1: "A citizen or a legal entity that considers its lawful right to information infringed by the commission or omission of the official, body, and organization shall have a right to complain to the upper level instances within the body or organization, the National Human Rights Commission of Mongolia, or to the court."
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 Partially HR Commission Act Article 9: "9.1. Citizens of Mongolia, either individually or in a group, shall have the right to lodge complaints to the Commission in accordance with this Law, in case of violations of human rights and freedoms, guaranteed in the Constitution of Mongolia, laws and international treaties of Mongolia, by business entities, organisations, officials or individual persons. 9.2. Unless otherwise provided in laws and international treaties of Mongolia, foreign citizens and/or stateless persons who are residing in the territory of Mongolia, shall exercise the same right to lodge complaints to the Commission on equal footing as the citizens of Mongolia. 9.3. Complaints may be lodged in by representation of lawful representatives-parents, care-takers and/or guardians for the persons, who do not have full civil law capacity or have some limited or partial capacity, as well as by representatives provided under the law for the persons, who are considered missing or declared as deceased. 9.4. Non-governmental organisations and trade union organisations shall exercise equally the right provided in Art 9.1. and lodge complaints through their representatives. 9.5. Representatives provided in Art 9.3 and Art 9.4 shall have a document of proof for their own representation powers." HR Commission Act Article 15.1.4 : "To explain to the Complainant what rights and duties he/she has with regard to the restoration of violated rights." HR Act Art 9 allows complaints to be made by legal represenatives - the language implies that you don't need one, reinforced by the fact that complaints can be made orally. No mention of whether the process is free. Further reinforced by 15.1.4.
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 11.1.2 : "All information pertaining to the goods and items in possession of the organization;" 11.1.2 - You can appeal to the commission for any infringement of your rights.
47 Clear procedures, including timelines, are in place for dealing with external appeals (oversight/judicial).Score 1 point for clear procedures, 1 point for timelines. 2 YES 12: "12.1 An information requesting person shall have the following rights: 12.1.1 To have equal rights; 12.1.2 To select the form of receiving information; 12.1.3 Not to explain the requirement and ground for receiving information; 12.1.4 To make additional inquiry about the issues related to the received information; 12.1.5 To have oral explanation about the content of the received information; 12.1.6 To know the official source of the received information; 12.1.7 To make a complaint to a relevant authority or an official in case if he or she thinks that his or her rights are violated; 12.1.8 Any other rights specified in the laws; 12.2 An information requesting person shall have the following obligations when receiving information: 12.2.1 To follow the procedure of receiving information specified in this Law; 12.2.2 Not to violate the Constitution and other laws of Mongolia, rights and lawful interests of others when exercising his or her rights; 12.2.3 To identify the information to be received substantively." 12 - clear procedures and 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 NO Not mentioned.
49 The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better record management)1 for partial, 2 for fully. 2 YES 19: "It shall be prohibited to release information related to the intellectual property without the owner’s permission to others." Art 19 allows for this.


Sanctions & Proteccions

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Description

Scoring instructions
MAX score
Findings

Points

Article

Comments
50 Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information.Score 1 point for sanctions for underming right, 1 point for destruction of documents 2 YES 14.3: "The organization specified in the provision 3.1 of this Law shall be forbidden to destroy information in its possession illegally and impede the exercise of the right of citizens to receive information." 25: "25.1 An official, who violated the legislation of information transparency and the right to information, shall be charged by the person, who appointed him or her, with a disciplinary punishment specified in the Article 26 of the Law on Civil Service. 25.2 An official, who violated citizens or legal persons’ right to information repeatedly or seriously, shall be dismissed from civil service by a competent official according to the grounds specified in the provision 25.1.1 of the Law on Civil Service. 25.3 A decision making competent person, who violated the provision 25.2 of this Law, shall be fined by a judge in an amount equal to five times the minimum wage." 14.3 prohibits this, and Art 25 gives it proper 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 mentioned.


Promotional measures

Indicator

Description

Scoring instructions
MAX score
Findings

Points

Article

Comments
54 Public authorities are required to appoint dedicated officials (information officers) or units with a responsibility for ensuring that they comply with their information disclosure obligations.Score Y/N, Y=2 points2 NO Not mentioned.
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 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 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 22.1.1 : "Develop the common regulation in relation to the data digitization, generation, dissemination and utilization of databases, guaranteeing its uninterrupted functioning, data storage and protection as specified in the Articles 7, 8.1, 9 and 10 of the present law;"
59 Training programs for officials are required Score Y/N, Y=2 points2 Partially 22.1.2 : "Provide technical and methodological assistance and guidance on the data digitization, generation, dissemination and utilization of databases, guaranteeing its uninterrupted functioning, data storage and protection through conducting trainings among state bodies and organizations;" 22.1.2 - though this is just on storing info and not on the broader right to information.
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 Partially HR Commission Act Article 21: "21.1. It shall be prohibited for the Commission and its Secretariat to conduct political activities. Commissioners shall suspend his/her political party membership during the period of his/her term of office. 21.2. Commissioners shall treat respectfully his/her official position in exercising his/her freedom of thought, opinion and expression, of speech and press, of conscience and religious belief." HR Commission Act Article 21 requires the Commission to report on the state of human rights which includes the right to information.