This page lists and rates constitutional guarantees of the right to information. 0 points are awarded in the absence of a constitutional guarantee, 1 point is awarded for a partial guarantee and 2 points are awarded for a full guarantee. More detailed scoring rules are listed at the end of this page
Number of Countries with:
|Full Guarantee:||52||Partial Guarantee:||30||No Guarantee:||115|
|Afghanistan||2||Constitution 50. The citizens of Afghanistan have the right of access to the information from the government offices in accordance with the provisions of law. This right has no limits except violation of the rights of the others and public security.|
|Albania||2||Article 23 of Albanian Constitution:1. The right to information is guaranteed. 2. Everyone has the right, in compliance with law, to obtain information about the activity of state organs, and of persons who exercise state functions.|
|Algeria||0||55. The citizen shall have the right to access, acquire, and transmit information, documents and statistics.|
The exercise of this right shall not infringe on the private life and the rights of others, the legitimate interests of institutions, or the requirements of national security.
The law shall determine the modalities for exercising this right.
|This is just a general guarantee of freedom of expression.
|Andorra||0||12. Freedoms of expression, of communication and of information are guaranteed. The law shall regulate the right of reply, the right of correction and professional secrecy. Preliminary censorship or any other means of ideological control on the part of the public authorities shall be prohibited.||In list that suggests part of freedom of expression generally.
|Angola||1||Article 200 of Angolan Constitution: Citizens shall have the right to be informed by the public administration of administrative processes that are liable to affect their legally protected rights and interests. |
2. Citizens shall have he right to be informed by the administration of the progress of proceedings in which they have a direct interest, and learn of decisions that are taken with regard to them.
3. The interested individuals must be notified, in the form prescribed by law, of administrative acts, which shall require express justification when they affect legally protected rights and interests.
4. Individuals shall be guaranteed the right to access archives and administrative records, without prejudice to the legal provisions for security and defence matters, state secrecy, criminal investigation and personal privacy.
|This creates a right but it is very limited hence only one point allocated.|
|Antigua||0||Article 12.2: For the purposes of this section the said freedom includes the freedom to hold opinions without interference, freedom to receive information and ideas without interference, freedom to disseminate information and ideas without interference (whether the dissemination be to the public generally or to any person or class of persons) and freedom from interference with his correspondence or other means of communication.||General guarantee of freedom of expression.|
|Argentina||2||N/A||Acordada de la Corte Suprema de Justicia de la Nación No.1/2004 Exp. 315/2004 Adm. Gral.|
|Armenia||2||Article 51: The Right to Receive Information |
1. Everyone shall have the right to receive information on the activities of state and local self-government bodies and officials and to become acquainted with documents about such activities.
2. The right to receive information may be restricted only by law with the aim of protecting public interests or fundamental rights and freedoms of others.
3. The procedure of receiving information, as well as the grounds of liability of officials for concealing information or groundlessly refusing to provide information, shall be stipulated by law.
Article 34: 1. Everyone shall have the right to protection of data concerning him.
2. Personal data shall be processed in good faith for purposes stipulated by law, with the consent of the person or without such consent if another legitimate ground stipulated by law is present.
3. Everyone shall have the right to become acquainted with the data collected about him in state and local self-government bodies and the right to demand to correct any incorrect data about him, as well as to eliminate data about him that was unlawfully obtained or no longer has a legal foundation.
4. The right to become acquainted with personal data may be restricted only by law with the aim of protecting state security, the economic well-being of the country, preventing or solving crimes, protecting the public order, health and morals, or the fundamental rights and freedoms of others.
5. Details related to the protection of personal data shall be stipulated by law.
|Australia||0||N/A||Not in the constitution.
|Austria||0||Article 20(4) of the 1920 Constitution (as amended): "4) All functionaries entrusted with Federation, Laender and municipal administrative duties as well as the functionaries of other public law corporate bodies shall impart information about matters pertaining to their sphere of competence in so far as this does not conflict with a legal obligation to maintain secrecy; ..."||The right is cast in such a general way and then subjected to an extremely general reference to secrecy so not enough even for one point.|
|Azerbaijan||0||Article 39 of the Constitution, "II. Everyone has the right to gain information about true ecological situation and to get compensation for damage done to his/her health and property because of violation of ecological requirements." ; Article 50 of the Constitution: Freedom of information "I. Everyone is free to look for, acquire, transfer, prepare and distribute information. II. Freedom of mass media is guaranteed. State censorship in mass media, including press is prohibited."||Only a very limited right to ecological information so not enough for even one point.
|Bahamas||0||The Constitution: Section 23(1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this Article the said freedom includes freedom to hold opinions, to receive and impart ideas and information without interference, and freedom from interference with his correspondence.||General guarantee of freedom of expression.|
|Bahrain||0||N/A||No reference to RTI.
|Bangladesh||0||N/A||Not mentioned in the constitution.|
|Barbados||0||20. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference and freedom from interference with his correspondence or other means of communication. |
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-a. that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or b. that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the administration or technical operation of telephony, telegraphy, posts, wireless broadcasting, television or other means of communication or regulating public exhibitions or public entertainments; or c.that imposes restrictions upon public officers or members of a disciplined force.
|Reference to right to receive information just part of a general guarantee of freedom of expression.
|Belarus||1||34. Citizens of the Republic of Belarus shall be guaranteed the right to receive, store and disseminate complete, reliable and timely information of the activities of state bodies and public associations, on political, economic, cultural and international life, and on the state of the environment.|
State bodies, public associations and officials shall afford citizens of the Republic of Belarus an opportunity to familiarize themselves with material that affects their rights and legitimate interests.
The use of information may be restricted by legislation with the purpose to safeguard the honour, dignity, personal and family life of the citizens and the full implementation of their rights.
|Limited to information that affects rights and legitimate interests.
|Belgium||2||Article 32 of the Constitution: "Everyone has the right to consult any administrative document and to have a copy made, except in the cases and conditions stipulated by the laws, decrees, or rulings referred to in Article 134."||Constitution of Belgium.
|Belize||0||Article 12(1): Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence.||Not in the constitution.|
|Benin||0||Constitution of Benin 1990, Article 8: The human person is sacred and inviolable. The State has the absolute obligation to respect it and protect it. It shall guarantee him a full blossoming out. To that end, it shall assure to its citizens equal access to health, education, culture, information, vocational training, and employment.||Article 8 is an equality provision -- requiring equal access to information -- but there is no self-standing right to information.|
|Bhutan||1||7. (3) A Bhutanese citizen shall have the right to information. 22. Notwithstanding the rights conferred by this Constitution, nothing in this Article shall prevent the State from subjecting reasonable restriction by law, when it concerns: e. The disclosure of information received in regard to the affairs of the State or in discharge of official duties.||Despite a general protection for RTI, exception is too broad.
|Bolivia||1||21. Bolivians have the following rights: (6) To have access to information and to interpret, analyze and communicate it freely, individually or collectively. 106(I) The State guarantees the right to communication and the right to information. 237. … (2) Maintain the confidentiality of classified information, which may not be divulged even after they have left their duties. The procedure for characterizing classified information shall be set forth in the law. 242. Participation and public monitoring implies the following activities, in addition to those established in the Constitution and the law:.... (4) To create transparent management of information and use of resources in all of the places of public management. The information requested for public monitoring may not be denied and shall be delivered in complete, truthful, adequate and timely form.||Right to information in Article 106 and reference to information for public monitoring in Article 242 enough for 1 point.|
|Bosnia and Herzegovina||0||No constitutional provision protecting access to information.||Constitution of Bosnia and Herzegovina.
|Botswana||0||12. Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his or her correspondence.||Reference to right to receive information just part of a general guarantee of freedom of expression.
|Brazil||2||Article 14 of Brazilian Constitution: access to information is assured to everyone, protecting the confidentiality of sources when necessary for professional activity; Article 33: all persons have the right to receive from public agencies information in their private interest or of collective or general interest; such information shall be furnished within the period established by law, under penalty of liability, except for information whose secrecy is essential to the security of society and of the National Government.||Secrecy exception potentially problematic but two points still given.|
|Brunei Darussalam||0||N/A||No reference to RTI.
|Bulgaria||1||Article 41 of the Bulgarian Constitution of 1991 states: |
"(1) Everyone shall be entitled to seek, receive and impart information. This right shall not be exercised to the detriment of the rights and reputation of others, or to the detriment of national security, public order, public health and morality.
(2) Everyone shall be entitled to obtain information from state bodies and agencies on any matter of legitimate interest to them which is not a state or official secret and does not affect the rights of others."
|Requires a "legitimate interest" in the information.
|Burkina Faso||1||Article 8: The freedoms of opinion, of the press and the right to information are guaranteed.||Not clear enough that this is a right to access public information to earn 2 points.|
|Burundi||0||N/A||No reference to RTI.
|Cambodia||0||41. Khmer citizens shall have freedom of expression of their ideas, freedom of information, freedom of publication and freedom of assembly. No one shall exercise these rights to infringe upon the honor of others, or to affect the good customs of society, public order and national security.||In a list that suggests part of freedom of expression generally.
|Cameroon||0||N/A||No reference to RTI.
|Canada||1||Ontario (Public Safety and Security) v. Criminal Lawyers Association, 2010 SCC 23,  1 S.C.R. 815 . However, the right to information is only recognized as a limited and derivative right.||Constitution of Canada.
|Cape Verde||0||47. (Liberdade de expressão e informação) |
(1)Todos têm a liberdade de exprimir e de divulgar as suas ideias pela palavra, pela imagem ou por qualquer outro meio, ninguém podendo ser inquietado pelas suas opiniões políticas, filosóficas, religiosas ou outras.
(2)Todos têm a liberdade de informar e de serem informados, procurando, recebendo e divulgando informações e ideias, sob qualquer forma, sem limitações, discriminações ou impedimentos.
(3)É proibida a limitação do exercício dessas liberdades por qualquer tipo ou forma de censura.
(4) A liberdade de expressão e de informação não justifica a ofensa à honra e consideração das pessoas, nem a violação do seu direito à imagem ou à reserva da intimidade da vida pessoal e familiar.
(5) A liberdade de expressão e de informação é ainda limitada pelo dever de : a) protecção da infância e da juventude ; b) não fazer a apologia da violência, do racismo, da xenofobia e de qualquer forma de discriminação, nomeadamente da mulher…..
|Although there is a separate line on information the context indicates that this is primarily concerned with general freedom of expression.
Portuguese (amendments listed first):
English version which incorporates amendments (including to this article) was not available.
|Central African Republic||0||N/A||No reference to RTI.
|Chad||0||N/A||No reference to RTI.
|Chile||2||The Constitutional Tribunal found that the right to information was protected by the constitution's free expression provision in the case of Casas Cordero and Others v. National Customs Service.||Constitution of Chile.
|China||0||N/A||Constitution of China.
|Colombia||2||ARTICLE 20. Every individual is guaranteed the freedom to express and diffuse his/her thoughts and opinions, to transmit and receive information that is true and impartial, and to establish mass comm unications media. ARTICLE 74. Every person has a right to access to public documents except in cases established by law. LAW 57. ARTICLE 12. Toda persona tiene derecho a consultar los documentos que reposen en las oficinas públicas y a que se le expida copia de los mismos, siempre que dichos documentos no tengan carácter reservado conforme a la Constitución o la ley, o no hagan relación a la defensa o seguridad nacional.||Note - all translations are unofficial.|
|Comoros||0||28. Freedom of information, communication, and the press are guaranteed within the conditions established by law.||In list that suggests part of freedom of expression generally.
|Congo (Democratic Republic of the)||1||24. All persons have the right to information.|
The freedom of the press, the freedom of information and of broadcasting by radio and television, the written press or any other means of communication are guaranteed, under reserve of respect for the law, for public order, for morals and for the rights of others. The law determines the modalities of exercise of these freedoms.
|Contains a general protection of the right to information; not precisely linked to a right to access government held information but given 1 point because in a stand-alone clause.
|Congo (Republic of the)||0||25. Any citizen has the right to express and to freely diffuse his opinion by words [par la parole], writing, images or by any other means of communication. The freedom of information and communication is guaranteed. It is exercised within respect for the law. Censorship is prohibited. The access to the sources of information is free and protected within the conditions determined by the law.||In list that suggests part of freedom of expression generally.
|Cook Islands||0||N/A||Not mentioned in constitution.|
|Costa Rica||1||30. The free access to the administrative departments for the purpose of [obtaining] information on matters of public interest[,] is guaranteed. The secrets of the State are reserved.|
30. Se garantiza el libre acceso a los departamentos administrativos con propósitos de información sobre asuntos de interés público. Quedan a salvo los secretos de Estado.
|RTI guarantee but limited to matters of public interest.
|Cote D’Ivoire||2||18. Citizens have the right to information and access to public documents, under the conditions prescribed by law.|
18. Les citoyens ont droit à l'information et à l'accès aux documents publics, dans les conditions prévues par la loi.
English (without 2020 amendments):
|Croatia||2||Article 38 Constitution: "The right to access to information held by any public authority shall be guaranteed. Restrictions on the right to access to information must be proportionate to the nature of the need for such restriction in each individual case and necessary in a free and democratic society, as stipulated by law."||Constitution of Croatia.
|Cuba||2||45. The exercise of these rights of the people are only limited by the rights of others, collective security, general well-being, respect for public order, the Constitution, and the laws.|
53. All people have the right to request and receive information from the State that is true, objective, and timely, and to access the information generated by organs of the state and its entities, according to the established regulations.
45. El ejercicio de los derechos de las personas solo está limitado por los derechos de los demás, la seguridad colectiva, el bienestar general, el respeto al orden público, a la Constitución y a las leyes.
53. Todas las personas tienen derecho a solicitar y recibir del Estado información veraz, objetiva y oportuna, y a acceder a la que se genere en los órganos del Estado y entidades, conforme a las regulaciones establecidas.
|Article 53 protects RTI. Respect for “the laws” in Article 45 raises some question of allowing any law to restrict constitutional rights but benefit of doubt given (especially since it is a general clause and not specific to Article 53).
|Czech Republic||1||The 1993 Charter of Fundamental Rights and Freedoms provides for a right to information.|
(1) Article 17: "(1) Freedom of expression and the right to information are guaranteed.
(2) Everybody has the right to express freely his or her opinion by word, in writing, in the press, in pictures or in any other form, as well as freely to seek, receive and disseminate ideas and information irrespective of the frontiers of the State.
(3) Censorship is not permitted.
(4) The freedom of expression and the right to seek and disseminate information may be limited by law in the case of measures essential in a democratic society for protecting the rights and freedoms of others, the security of the State, public security, public health, and morality.
(5) Organs of the State and of local self-government shall provide in an appropriate manner information on their activity. The conditions and the form of implementation of this duty shall be set by law.
|Not entirely clear that this is a right to access public information but seems to be so one point given.
Charter of Rights & Freedoms
|Democratic People’s Republic of Korea||0||N/A||No reference to RTI.
|Denmark||0||N/A||There is no constitutional provision protecting access to information.
|Djibouti||0||N/A||No reference to RTI.
|Dominica||0||10. Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence.||Reference to right to receive information just part of a general guarantee of freedom of expression.
|Dominican Republic||0||44. Right to Privacy and to personal honor... (2) All persons have the right to access to the information and facts about them or their property that reside in official or private registers, as well as to know the destination and the uses of the same, with the limitations fixed by law. Treatment of personal facts or information or that regarding property shall be made respecting the principles of quality, lawfulness, loyalty, security, and finality. One may solicit the updating, oppose the treatment, rectification, or destruction of that information that illegitimately affects his rights from before the appropriate judicial authority;... |
49. ... (1) All persons have the right to information. This right encompasses searching for, researching, receiving, and spreading information of all types, of a public character, by any medium, channel or way, in accordance with the determinations of the Constitution and the law....
|Art 44 of the constitution recognizes a limited right (seems to only apply to data about oneself).
|East Timor||0||Section 40(1) Every person has the right to freedom of speech and the right to inform and be informed impartially. |
(2) The exercise of freedom of speech and information shall not be limited by any sort of censorship.
(3) The exercise of rights and freedoms referred to in this Section shall be regulated by law based on the imperative of respect for the Constitution and the dignity of the human person.
Section 41(2) Freedom of the press shall comprise, namely, the freedom of speech and creativity for journalists, the access to information sources, editorial freedom, protection of independence and professional confidentiality, and the right to create newspapers, publications and other means of broadcasting.
|Context strongly suggests that this right refers merely to a general right to freedom of expression.
|Ecuador||2||Article 18: All persons, whether individually or collectively, have the right to: |
1. Look for, receive, exchange, produce and disseminate information that is truthful, accurate, timely, taken in context, plural, without prior censorship about the facts, events, and processes of general interest, with subsequent responsibility.
2. Gain access freely to information generated in public institutions or in private institutions that handle State funds or perform public duties. There shall be no confidentiality of information except in those cases expressly provided for by the law. In the event of a violation of human rights, no public institution shall refuse to provide the information.
Article 91. The petition for access to public information shall be aimed at guaranteeing access to this information, when this information has been denied expressly or tacitly or when the information provided is incomplete or not trustworthy. It can be filed even if the denial to provide information is based on the secret, reserved, confidential nature of the information or any other classification. The reserved nature of the information must be stated prior to the petition by a competent authority and in accordance with the law.
|Egypt||2||68. Access to information and official documents.|
Information, data, statistics and official documents are owned by the people. Disclosure thereof from various sources is a right guaranteed by the state to all citizens. The state shall provide and make them available to citizens with transparency. The law shall organize rules for obtaining such, rules of availability and confidentiality, rules for depositing and preserving such, and lodging complaints against refusals to grant access thereto. The law shall specify penalties for withholding information or deliberately providing false information.
State institutions shall deposit official documents with the National Library and Archives once they are no longer in use. They shall also protect them, secure them from loss or damage, and restore and digitize them using all modern means and instruments, as per the law.
|Robust language on RTI.
|Equatorial Guinea||0||N/A||No reference to RTI.
|Eritrea**||0||1997 Constitution, 19. Every citizen shall have the right of access to information.||**Note: The 1997 Constitution was ratified by the Constituent Assembly but never entered into force.
|Estonia||1||Article 44 of the Constitution of the Republic of Estonia states: |
"(1) Everyone has the right to freely obtain information disseminated for public use.
(2) All state agencies, local governments, and their officials have a duty to provide information about their activities, pursuant to procedure provided by law, to an Estonian citizen at his or her request, except information the disclosure of which is prohibited by law, and information intended exclusively for internal use.
(3) An Estonian citizen has the right to access information about himself or herself held in state agencies and local governments and in state and local government archives, pursuant to procedure provided by law. This right may be restricted pursuant to law to protect the rights and freedoms of others or the confidentiality of a child's parentage, and in the interests of preventing a criminal offence, apprehending a criminal offender, or ascertaining the truth in a criminal proceeding.
(4) Citizens of foreign states and stateless persons who are in Estonia have the rights specified in paragraphs two and three of this section equally with Estonian citizens, unless otherwise provided by law."
|The exceptions for information intended for internal use is too broad to allow two points.
|Eswatini||0||24. (2) A person shall not except with the free consent of that person be hindered in the enjoyment of the freedom of expression, which includes the freedom of the press and other media, that is to say -a.freedom to hold opinions without interference; b.freedom to receive ideas and information without interference; c.freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons); and d.freedom from interference with the correspondence of that person.||Reference to right to receive information just part of a general guarantee of freedom of expression.
|Ethiopia||0||29 Right of Thought, Opinion and Expression:|
2) Everyone has the right to freedom of expression without any interference. This right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any media of his choice.
3) "Freedom of the press shall specifically include the following elements: .... (b) Access to information of public interest."
6) These rights can be limited only through laws which are guided by the principle that freedom of expression and information cannot be limited on account of the content or effect of the point of view expressed. Legal limitations can be laid down in order to protect the well-being of the youth, and the honour and reputation of individuals. Any propaganda for war as well as the public expression of opinion intended to injure human dignity shall be prohibited by law."
|It is not entirely clear from the context whether this is really RTI or more about journalists accessing information. In addition, the right is limited to information of “public interest”, and the exceptions for protecting the “honour and reputation of individuals” gives far too much discretion to refuse requests for information.|
|Fiji||2||Article 25. (1) Every person has the right of access to - (a) information held by any public office; and (b) information held by another person and required for the exercise or protection of any legal right. (3) To the extent that it is necessary, a law may limit, or may authorise the limitation of, the rights set out in subsection (1), and may regulate the procedure under which information held by a public office may be made available. Article 150. A written law shall make provision for the exercise by a member of the public of the right to access official information and documents held by the Government and its agencies.||Article from the Constitution.|
|Finland||2||[Constitution of Finland] Section 12, para. 2: Documents and recordings in the possession of the authorities are public, unless their publication has for compelling reasons been specifically restricted by an Act. Everyone has the right of access to public documents and recordings.||"Compelling reasons" is not as clear as would be desired, but this is still enough of a constraint on laws creating exceptions to allow for 2 points.
|France||2||The Conseil d'Etat has affirmed in two cases that the right of access to administrative documents is a "fundamental guarantee, accorded to citizens for the exercise of their public liberties in the sense of Article 34 of the Constitution of France."  Article 34 reads in relevant part: "Statutes shall determine the rules concerning 'civic rights and the fundamental guarantees granted to citizens for the exercise of their public liberties '". The full statement by the Conseil d'Etat, in Case No. # 237203, paragraph 6, reads as follows: "Considérant que la définition des modalités concrètes de communication de documents administratifs ne met en cause ni le principe ni l'étendue du droit d'accès aux documents administratifs, qui constitue une garantie fondamentale accordée aux citoyens pour l'exercice des libertés publiques au sens de l'article 34 de la Constitution ; que le pouvoir réglementaire était donc compétent, dans le silence de la loi du 17 juillet 1978, pour d'écider que les frais d'acheminement postal des copies de documents administratifs seraient mis à la charge du demandeur".||Seems to be a reference from a local source and seems to warrant the full 2 points.
|Gabon||0||N/A||No reference to RTI.
|Gambia (Republic of the)||0||N/A||No reference to RTI.
|Georgia||2||18. (2) Everyone has the right to be familiarised with information about him/her, or other information, or an official document that exists in public institutions in accordance with the procedures established by law, unless this information or document contains commercial or professional secrets, or is acknowledged as a state secret by law or in accordance with the procedures established by law as necessary in a democratic society to ensure national security or public safety or to protect the interests of legal proceedings.|
(3) The information contained in official records pertaining to an individual’s health, finances or other personal matters shall not be made available to anyone without the consent of the individual, except as provided for by law and as is necessary to ensure national security or public safety, or to protect public interests and health or the rights of others.
|Constitution of Georgia.
|Ghana||2||Constitution of the Republic of Ghana: 21(1) All persons shall have the right to (f) information, subject to such qualifications and laws as are necessary in a democratic society;||Has been interpreted by the courts as clearly covering a right to information.
|Greece||2||[The Constitution of Greece] Article 5(A)(1) All persons have the right to information, as specified by law. Restrictions to this right may be imposed by the law only insofar as they are absolutely necessary and justified for reasons of national security, of combating crime or of protecting rights and interests of third parties. (2) All persons have the right to participate in the Information Society. Facilitation of access to electronically transmitted information, as well as of the production, exchange and diffusion thereof, constitutes an obligation of the State, always in observance of the guarantees of articles 9, 9(A) and 19.||Could be clearer on establishing a right to access public information but benefit of doubt given.
|Grenada||0||10. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence.||Reference to right to receive information just part of a general guarantee of freedom of expression.
|Guatemala||0||Article 31. Every person has the right to know what the archives, records, or any other form of State registers contain about him and the purpose for which such data is used as well as their correction, rectification, and bringing up to date. Registers and records of political affiliation, except those pertaining to the electoral authorities and political parties are prohibited.||This only grants a right to access one's own personal data, not a general right of access.|
|Guinea Bissau||1||34. All have the right to information and legal protection, in accordance with the law.|
34. Todos têm direito à informação e à protecção jurídica, nos termos da lei.
|1 point given for RTI but too vague to get 2 points.
|Haiti||0||Section I. Right to Information.|
40. The State has the obligation to publicize in the oral, written and televised press in the Creole and French languages all laws, orders, decrees, international agreements, treaties, and conventions on everything affecting the national life, except for information concerning national security.
Section I. Droit a l’information. 40. Obligation est faite à l’Etat de donner publicité par voie de presse parlée, écrite et télévisée, en langues créole et française aux lois, arrêtés, décrets, accords internationaux, traités, conventions, à tout ce qui touche la vie nationale, exception faite pour les informations relevant de la sécurité nationale.
|Only a limited requirement to proactively disclose some information. No general right to access information protected.
|Honduras||0||182(2) All persons have the right to access information about themselves or their property that is already contained in databases, public or private registries in an expedited and non-onerous manner, and in cases where it is necessary to access, correct, or remove it. This may not affect the privacy of journalistic information sources.||No - Honduras' constitution has provisions for habeus data, but this only applies to personal information.
|Hungary||1||[Constitution of Hungary] Article VI: (2) Everyone shall have the right to the protection of his or her personal data, as well as to access and disseminate data of public interest. (3) The application of the right to the protection of personal data and to access data of public interest shall be supervised by an independent authority established by a cardinal Act.||One point given because limited to "data of public interest".
|Iceland||0||N/A||Constitution of Iceland.
|India||2||Right to information has been recognized as constitutional by the Indian Supreme Court on numerous occasions.||Constitution of India.
|Indonesia||1||[Constitution of Indonesia] 28(f) Every person shall have the right to communicate and to obtain information for the purpose of the development of his/her self and social environment, and shall have the right to seek, obtain, possess, store, process and convey information by employing all available types of channels.||In context, suggests a general right to receive information rather than a specific right to access government-held information but courts have interpreted it more broadly.
|Iraq||0||N/A||No reference to RTI.
|Ireland||0||N/A||Constitution of Ireland.
|Israel||1||N/A||Israel does not have a constitution, however the Supreme Court recognized that the right to information is found within the right to free expression. Free expression is itself not protected under Israel's "Basic Laws", but is judicially recognized as a fundamental right, which has quasi-constitutional status.|
|Italy||0||N/A||Constitution of Italy.
|Ivory Coast||2||Article 18: Citizens have the right to information and access to public documents, under the conditions prescribed by law.||RTI protected.|
|Jamaica||0||N/A||Not mentioned in the constitution.|
|Japan||2||Constitution of Japan: 21 Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed. No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.||Japan's Supreme Court found a right to information within the constitutional right to free expression in the case of Kaneko v. Japan.|
|Kazakhstan||0||[Constitution] 20(2) Everyone shall have the right to freely receive and disseminate information by any means not prohibited by law. The list of items constituting state secrets of the Republic of Kazakhstan shall be determined by law.||Right to receive information not enough for a point.|
|Kenya||2||[Constitution] Article 35(1) Every citizen has the right of access to - (a) information held by the State; and (b) information held by another person and required for the exercise or protection of any right or fundamental freedom. (2) Every person has the right to the correction or deletion of untrue or misleading information that affects the person. (3) The State shall publish and publicise any important information affecting the nation.|
|Kiribati||0||12. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference and freedom from interference with his correspondence.||Reference to right to receive information just part of a general guarantee of freedom of expression.
|Kosovo||1||Constitution 41(1) Every person enjoys the right of access to public documents. (2) Documents of public institutions and organs of state authorities are public, except for information that is limited by law due to privacy, business trade secrets or security classification.||Limitation for "security classification" too broad.|
|Kuwait||0||N/A||No reference to RTI.
|Kyrgyzstan||2||Constitution, 33(3). Everyone shall have the right to obtain information on the activity of state authorities, local government bodies as well as officials thereof, legal entities with the participation of state authorities and local government bodies as well as organizations financed from the national and local budgets. (4) Everyone shall be guaranteed access to information in the possession of state authorities, local government bodies as well as officials thereof. The regulations of providing information shall be envisaged in the law.|
|Lao People’s Democratic Republic||0||N/A||No reference to RTI.
|Latvia||0||Article 100. "Everyone has the right to freedom of expression which includes the right to freely receive, keep and distribute information and to express their views. Censorship is prohibited." Article 104. "Everyone has the right to address submissions to State or local government institutions and to receive a materially responsive reply. Article 115. The State shall protect the right of everyone to live in a benevolent environment by providing information about environmental conditions and by promoting the preservation and improvement of the environment."||None of these provisions clearly establish a right to information. Right to receive information not enough for 1 point.
|Lesotho||0||14. (1) Every person shall be entitled to, and (except with his own consent) shall not be hindered in his enjoyment of, freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence.||Reference to right to receive information just part of a general guarantee of freedom of expression.
|Liberia||0||Constitution Article 15(b): "The right encompasses the right to hold opinions without interference and the right to knowledge. It includes freedom of speech and of the press, academic freedom to receive and impart knowledge and information and the right of libraries to make such knowledge available. It includes non-interference with the use of the mail, telephone and telegraph. It likewise includes the right to remain silent." Constitution Art. 15(c): "In pursuance of this right, there shall be no limitation on the public right to be informed about the government and its functionaries."||This is more of a general right to freedom of expression.|
|Libya||0||N/A||No reference to RTI.
|Lithuania||0||Article 25 of Lithuania's 1992 Constitution states "The citizen shall have the right to receive, according to the procedure established by law, any information concerning him that is held by State institutions."||Right to receive information concerning oneself is more about data protection.
|Luxembourg||0||N/A||Not mentioned in the Constitution.|
|Madagascar||1||11. Any individual has the right to information. Information under all its forms is not submitted to any prior constraint, except that which infringes the public order and the morality. The freedom of information, whatever the medium, is a right. The exercise of this right includes duties and responsibilities, and is submitted to certain formalities, conditions, or sanctions specified by the law, which are the measures necessary in a democratic society. All forms of censorship are prohibited. The law organizes the exercise of the profession of journalist.||The article on freedom of information seems to refer to the free circulation of information in society generally. But distinct provision from the right to freedom of expression so benefit of doubt given.
|Malawi||1||37. Access to information|
Subject to any Act of Parliament, every person shall have the right of access to all information held by the State or any of its organs at any level of Government in so far as such information is required for the exercise of his or her rights.
|Constitutional, but limited to cases where information needed for protection of a right.
Constitution of Malawi:
|Maldives||0||2008 Constitution Article 29: Everyone has the freedom to acquire and impart knowledge, information and learning.||Not a right to access public information.
|Malaysia||0||N/A||No reference to RTI.
|Mali||0||N/A||No reference to RTI.
|Malta||0||N/A||Constitution of Malta.
|Marshall Islands||0||N/A||No reference to RTI.
|Mauritania||0||N/A||No reference to RTI.
|Mauritius||0||12. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his correspondence.||Reference to right to receive information just part of a general guarantee of freedom of expression.
|Mexico||2||Art. 6 of the MX Constitution establishes the principles of the RTI, within the Constitutional chapter of "Garantias Individuales", i.e. "Fundamental rights".|
|Micronesia (Federated States of)||0||N/A||No reference to RTI.
|Moldova||1||Article 34 of the Constitution (The Right of Access to Information): Having access to any information of public interest is everybody's right that may not be curtailed. According with their established level of competence, public authorities shall ensure that citizens are correctly informed both on public affairs and matters of personal interest. The right of access to information may not prejudice either the measures taken to protect the citizens or the national security. [...]||Limited to information of public interest.
|Mongolia||2||Constitution Art 16.17 The citizens of Mongolia are enjoying the following rights and freedoms: 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.|
|Montenegro||2||Constitution Article 51 "Everyone shall have the right to access information held by the state authorities and organizations exercising public authority. The right to access to information may be limited if this is in the interest of: the protection of life; public health; morality and privacy; carrying of criminal proceedings; security and defense of Montenegro; foreign, monetary and economic policy."||Constitution of Montenegro.
|Morocco||2||27. Les citoyennes et les citoyens ont le droit d’accéder à l’information détenue par l’administration publique, les institutions élues et les organismes investis d’une mission de service public. Le droit à l’information ne peut être limité que par la loi, dans le but d’assurer la protection de tout ce qui concerne la défense nationale, la sûreté intérieure et extérieure de l’État, ainsi que la vie privée des personnes, de prévenir l’atteinte aux droits et libertés énoncés dans la présente Constitution et de protéger des sources et des domaines expressément déterminés par la loi.||Article 27 of the Constitution available here.
|Mozambique||2||Constitution of the Republic of Mozambique Article 48 Freedom of Expression and Information 1. All citizens shall have the right to freedom of expression and to freedom of the press, as well as the right to information. 6. The exercise of the rights and freedoms provided for in this article shall be governed by law on the basis of the imperative respect for the Constitution and for the dignity of the human person.||English:
|Myanmar||0||N/A||No reference to RTI.
|Namibia||0||N/A||No reference to RTI.
|Nauru||0||N/A||No reference to RTI.
|Nepal||1||27. Right to information: Every citizen shall have the right to seek information on any matters of concern to her/him or the public. Provided that nothing shall be deemed to compel any person to provide information about which confidentiality is to be maintained according to law.||Exception for confidential information too broad and also limited to information of concern.|
|Netherlands||1||Article 110 of the Netherlands Constitution: "In the exercise of their duties government bodies shall observe the right of public access to information in accordance with rules to be prescribed by Act of Parliament."||There are two views as to whether this provision guarantees a right to public information or only imposes a duty on public bodies to make information available consistent with statutes. The prevailing view within the Netherlands is that the Constitution does not guarantee a right to information, based in part on the fact that Article 110 is not included in the Bill of Rights but rather in that part of the Constitution titled Legislation and Administration. A minority contend that the right is of constitutional stature. The courts have not expressed an opinion on the matter and are unlikely to do so, given that the courts may not set aside a law, or declare an action of an administrative body illegal, on the ground that it contradicts the Constitution.|
|New Zealand||0||N/A||New Zealand has no constitutional bill of rights. A right to information is endorsed, in a weak way, in their quasi-constitutional bill of rights, but because there is no specific endorsement of a right to access government information this is not worth a point.
|Nicaragua||0||Article 66 Nicaraguans have the right to accurate information. This right includes the freedom to seek, receive and disseminate information and ideas, be they spoken or written, in graphic or any other form. Article 26 All persons have the right to: 1. privacy and the privacy of their family; 2. the inviolability of their home, correspondence, and communications; 3. respect for their honor and reputation. A private home may be searched only with a warrant from a competent judge or expressly authorized official to prevent a crime from being committed or to avoid damage to persons or goods, in accordance with the procedures established by law. The law shall determine the cases and the procedures for an examination of private documents, fiscal records and related documents, when such is indispensable for the investigation of matters before the Courts or for fiscal reasons. Illegally seized letters, documents and other private papers shall be null and void in legal proceedings or elsewhere.||Art 66 and 26 mention information, but not in the context of government documents.|
|Niger||2||Article 31: Any person has the right to be informed and to [have] access to the information held by the public services within the conditions determined by the law. Article 100: The Law determines the fundamental principles: … of the protection of the freedom of the press and of the access to public information and to administrative documents;|
|North Macedonia||0||Article 16 of the Constitution of Macedonia provides: "The freedom of personal conviction, conscience, thought and public expression of thought is guaranteed. The freedom of speech, public address, public information and the establishment of institutions for public information is guaranteed. Free access to information and the freedom of reception and transmission of information are guaranteed. The right of reply via the mass media is guaranteed. The right to a correction in the mass media is guaranteed. The right to protect a source of information in the mass media is guaranteed. Censorship is prohibited."||This is more of a general right to freedom of expression.
|Norway||2||Constitution of Norway, Article 100, Paragraph 4. "Everyone has a right of access to documents of the State and municipal administration and a right to follow the proceedings of the courts and democratically elected bodies. Limitations to this right may be prescribed by law to protect the privacy of the individual or for other weighty reasons."||Constitution of Norway.
|Oman||0||N/A||No reference to RTI.
|Pakistan||2||19A. Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.|
|Palau||2||Article IV, Section 12: "A citizen has the right to examine any government document and to observe the official deliberations of any agency of government."||Of the constitution. A bit limited because refers to documents but full points given.|
|Palestine||0||N/A||No reference to RTI.
|Panama||1||Article 43: Every person has a right to ask for accessible information or information of general interest stored in data banks or registries administered by public servants or by private persons providing public services, unless access has been limited by written regulation or by legal mandate, and to request their lawful processing and correction.||Constitution Art 43 - but this provision allows for the right to be limited by written law, which is problematical.|
|Papua New Guinea||2||51. (1) Every citizen other than a citizen who has dual citizenship has the right of reasonable access to official documents, subject only to the need for such secrecy as is reasonably justifiable in a democratic society in respect of:|
a. matters relating to national security, defence or international relations of Papua New Guinea (including Papua New Guinea's relations with the Government of any other country or with any international organization); or
b. records of meetings and decisions of the National Executive Council and of such executive bodies and elected governmental authorities as are prescribed by Organic Law or Act of the Parliament; or c. trade secrets, and privileged or confidential commercial or financial information obtained from a person or body; or d. parliamentary papers the subject of parliamentary privilege; or e. reports, official registers and memoranda prepared by governmental authorities or authorities established by government, prior to completion; or f. papers relating to lawful official activities for investigation and prosecution of crime; or g. the prevention, investigation and prosecution of crime; or h. the maintenance of personal privacy and security of the person; or i. matters contained in or related to reports prepared by, on behalf of or for the use of a governmental authority responsible for the regulation or supervision of financial institutions; or j. geological or geographical information and data concerning wells and ore bodies.
(2) A law that complies with Section 38 (general qualifications on qualified rights) may regulate or restrict the right guaranteed by this section.
(3) Provision shall be made by law to establish procedures by which citizens may obtain ready access to official information.
(4) This section does not authorize- withholding information or limiting the availability of records to the public except in accordance with its provisions; or b. withholding information from the Parliament.
|Some limits that don’t align with international standards (such as only citizens and excessive limitations) but 2 points given because it clearly establishes the right in general.
|Paraguay||0||Constitution Article 28 About the Right to Obtain Information |
(1) The people's right to receive true, responsible, and equitable information is hereby recognized.
(2) Everyone has free access to public sources of information. The laws will regulate the corresponding procedures, deadlines and sanctions, in order to turn this right effective.
(3) Anyone affected by the dissemination of false, distorted, or ambiguous information has the right to demand that the offending media organization rectify or clarify the report under the same conditions in which it was originally conveyed, without any other compensatory rights being affected.
|Context suggests part of right to receive information generally ("del derecho a informarse" rather than "derecho a la información".
|Peru||2||2 Every person has the right: (...) 5. To request, without statement of a cause, information he requires, and to receive it from any public entity within the legal term, at its respective cost. Exception is hereby made of information affecting personal privacy and that expressly excluded by the law or for reasons of national security. Bank secrecy and the confidentiality of tax filings may be lifted by the request of a judge, the Prosecutor General, or a congressional investigative committee, in accordance with the law and provided that such information refers to a case under investigation.|
|Philippines||2||Constitution Art III, Section 7: The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. \"||Courts have interpreted this broadly.|
|Poland||2||Constitution Article 61(1): A citizen shall have the right to obtain information on the activities of organs of public authority as well as persons discharging public functions. Such right shall also include receipt of information on the activities of self-governing economic or professional organs and other persons or organizational units relating to the field in which they perform the duties of public authorities and manage communal assets or property of the State Treasury. |
(2)The right to obtain information shall ensure access to documents and entry to sittings of collective organs of public authority formed by universal elections, with the opportunity to make sound and visual recordings.
(3)Limitations upon the rights referred to in paras. 1 and 2 above, may be imposed by statute solely to protect freedoms and rights of other persons and economic subjects, public order, security or important economic interests of the State.
(4)The procedure for the provision of information, referred to in paras. 1 and 2 above shall be specified by statute, and regarding the Sejm and the Senate by their rules of procedure.
|Constitution of Poland.
|Portugal||2||Article 268 (1989 Constitution): (1) Citizens shall possess the right to be informed by the Administration whenever they so request as to the progress of the processes in which they are directly interested, as well as to be made aware of such decisions as are taken in relation to them. (2) Without prejudice to the law governing matters of internal and external security, criminal investigation and personal privacy, citizens shall also possess the right of access to administrative files and records. (3) Administrative acts shall be subject to notification to the interested parties in the form laid down by law, and when they affect rights or interests that are protected by law, shall be based on express grounds that can be accessed by the parties. (4) Citizens shall be guaranteed effective judicial oversight of those of their rights and interests that are protected by law, particularly including the recognition of the said rights and interests, the impugnation of any administrative act that harms their rights and interests, regardless of its form, the issue of positive rulings requiring the practise of administrative acts that are due by law, and the issue of adequate injunctions. (5) Citizens shall also possess the right to challenge administrative rules which possess external force and which harm any of their rights or interests that are protected by law. (6) For the purposes of (1) and (2) above the law shall lay down a maximum time limit for responses by the Administration.||Only right of citizens to access administrative files and records -- somewhat limited, but for the purposes of this indicator enough for 2 points.
|Qatar||0||N/A||No reference to RTI.
|Romania||2||Chapter II, Article 31: (Right to information): A person's right of access to any information of public interest shall not be restricted. The public authorities, according to their competence, shall be bound to provide correct information to the citizens in public affairs and matters of personal interest. The right to information shall not be prejudicial to the measures of protection of young people or national security.||Authorities obliged to provide correct information but could be clearer that there is a right to information held by public authorities, but benefit of doubt given.
|Rwanda||1||Article 38: Freedom of press, of expression and of access to information are recognised and guaranteed by the State. Freedom of expression and freedom of access to information shall not prejudice public order, good morals, the protection of the youth and children, the right of every citizen to honour and dignity and protection of personal and family privacy. Conditions for exercising and respect for these freedoms are determined by law.||Not entirely clear that this is a right to access public information but seems to be so one point given.|
|Saint Kitts and Nevis||0||N/A|
|Saint Lucia||0||10. (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence.||Reference to right to receive information just part of a general guarantee of freedom of expression.
|Saint Vincent and the Grenadines||0||Not in the constitution - "information" as protected in Art 10(1) only applies to seeking and receiving information broadly, not to accessing government information.|
|Samoa||0||N/A||No reference to RTI.
|Sao Tome and Principe||0||29. Freedom of expression and information|
(1) All have the right to freely express and divulge their thinking by word, by image or by any other means.
(2) Infractions committed in the exercise of this right remain subject to the general principles of criminal law, their appreciation being within the competence of the courts
29. Liberdade de expressão e informação
(1) Todos têm o direito de exprimir e divulgar livremente o seu pensamento pela palavra, pela imagem ou por qualquer outro meio.
(2) As infracções cometidas no exercício deste direito ficam submetidas aos princípios gerais de direito criminal, sendo a sua apreciação da competência dos tribunais.
|Names freedom of information in the heading but clear from context it is focused on the general right to freedom of expression.
|Saudi Arabia||0||N/A||No reference to RTI.
|Senegal||0||8. The Republic of Senegal guarantees to all citizens the fundamental individual freedoms, the economic and social rights as well as the collective rights. These freedoms and rights are notably: … [and] the right to plural information.|
8. La République du Sénégal garantit à tous les citoyens les libertés individuelles fondamentales, les droits économiques et sociaux ainsi que les droits collectifs. Ces libertés et droits sont notamment : …. le droit à l’information plurielle,
|“le droit à l’information plurielle” is the only reference to the right to information; we read it as referring to media diversity/pluralism rather than a right to access information held by public authorities.
|Serbia||2||Constitution of Serbia 51 ...Everyone shall have the right to access information kept by state bodies and organizations with delegated public powers, in accordance with the law.||Constituion of Serbia.
|Seychelles||2||28. (1) The State recognises the right of access of every person to information relating to that person and held by a public authority which is performing a governmental function and the right to have the information rectified or otherwise amended, if inaccurate. |
(2) The right of access to information contained in clause (1) shall be subject to such limitations and procedures as may be prescribed by law and are necessary in democratic society including− (a) for the protection of national security; (b) for the prevention and detection of crime and the enforcement of law; (c) for the compliance with an order of a court or in accordance with a legal privilege; (d) for the protection of the privacy or rights or freedoms of others;
(3) The State undertakes to take appropriate measures to ensure that information collected in respect of any person for a particular purpose is used only for that purpose except where a law necessary in a democratic society or an order of a court authorises otherwise.
(4) The State recognises the right of access by the public to information held by a public authority performing a governmental function subject to limitations contained in clause (2) and any law necessary in a democratic society.
|Singapore||0||N/A||Constitution of Singapore.
|Slovakia||0||Article 26.(5) State bodies and territorial self-administration bodies are under an obligation to provide information on their activities in an appropriate manner and in the state language. The conditions and manner of execution will be specified by law."||Establishes a limited obligation for proactive disclosure but not a right to information for citizens.
|Slovenia||1||Article 39: Except in such cases as are provided by law, everyone has the right to obtain information of a public nature in which he has a well founded legal interest under law."||"Well founded legal interest" is far too narrow and excludes persons seeking general public interest information.
|Solomon Islands||0||12. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this of section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference and freedom from interference with his correspondence.||Reference to right to receive information just part of a general guarantee of freedom of expression.
|Somalia||2||32. Right of Access to Information |
(1) Every person has the right of access to information held by the state.
(2) Every person has the right of access to any information that is held by another person which is required for the exercise or protection of any other just right.
(3) Federal Parliament shall enact a law to ensure the right of access to information.
|Right to access information held by the State.
|South Africa||2||32(1) Everyone has the right of access to- (a) any information held by the state; and (b) any information that is held by another person and that is required for the exercise or protection of any rights. |
(2) National legislation must be enacted to give effect to this right, and may provide for reasonable measures to alleviate the administrative and financial burden on the state.
|Constitution of South Africa.
|South Korea||2||Constitutional Court - Forests Survey Inspection Request case.|
|South Sudan||2||32. Every citizen has the right of access to official information and records, including electronic records in the possession of any level of government or any organ or agency thereof, except where the release of such information is likely to prejudice public security or the right to privacy of any other person.|
|Spain||0||Artículo 105: La ley regular: b) El acceso de los ciudadanos a los archivos y registros administrativos, salvo en lo que afecte a la seguridad y defensa del Estado, la averiguación de los delitos y la intimidad de las personas.||La ley regula el derecho de acceso a la información pública como un derecho ordinario, desatiende de esta forma, sentencias emitidas por el TEDH y tratados internaciones suscritos por el Estado español.|
|Sri Lanka||2||14A . (1) Every citizen shall have the right of access to any information as provided for by law, being information that is required for the exercise or protection of a citizens right held by:- (a ) the State, a Ministry or any Government Department or any statutory body established or created by or under any law; (b ) any Ministry of a Minster of the Board of Ministers of a Province or any Department or any statutory body established or created by a statute of a Provincial Council; (c ) any local authority; and (d ) any other person, who is in possession of such information relating to any institution referred to in sub-paragraphs (a ) (b ) or (c ) of this paragraph. |
(2) No restrictions shall be placed on the right declared and recognized by this Article, other than such restrictions prescribed by law as are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals and of the reputation or the rights of others, privacy, prevention of contempt of court, protection of parliamentary privilege, for preventing the disclosure of information communicated in confidence, or for maintaining the authority and impartiality of the judiciary.
(3) In this Article, citizen includes a body whether incorporated or unincorporated, if not less than three-fourths of the members of such body are citizens.
|Sudan||0||Constitution, Article 39(1) Every citizen shall have an unrestricted right to the freedom of expression, reception and dissemination of information, publication, and access to the press without prejudice to order, safety or public morals as determined by law.||This does not guarantee the right to information but just freedom of expression.|
|Suriname||0||54. (2)(h) The central authority shall organize the regular dissemination of information on government policy and state administration, in order to allow the people to participate optimally in the administrative structures. The lower administration shall have the obligation to create a process of communication with the people, for the purpose of making government answerable to the public and to ensure the participation of the people in policy-making.||Provides for proactive disclosure, but no points awarded because no creation of an actual right to access information.
|Sweden||2||CONSTITUTION OF SWEDEN. The Freedom of the Press Act. Chapter 2. (On the public nature of official documents). Article 1: "Every Swedish citizen shall be entitled to have free access to official documents, in order to encourage the free exchange of opinion and the availability of comprehensive information."||The CONSTITUTION of Sweden is compounded by the Four Fundamental Laws. They contain the basic rules for political decision-making in Sweden.The four fundamental laws are the Instrument of Government, the Act of Succession, the Freedom of the Press Act and the Fundamental Law on Freedom of Expression. The right of free access to official documents is contained in the Freedom of the Press Act.
|Switzerland||0||The Federal Constitution of Switzerland, as amended through Oct 15, 2002, contains only a guarantee of freedom of information, and not a right to government-held information. Article 16 reads: "1) The freedom of opinion and information is guaranteed. |
2) All persons have the right to form, express, and disseminate their opinions freely.
3) All persons have the right to receive information freely, to gather it from generally accessible sources and to disseminate it."
|Constitution of Switzerland.
|Syrian Arab Republic||0||N/A||No reference to RTI.
|Tajikistan||1||Article 25, Right to Information: State organs, social associations, political parties, and officials are obligated to provide everyone with the opportunity to receive and become familiar with documents concerning his rights and interests except in cases provided by law.]||Limited right to information about one's rights and interests.|
|Tanzania||0||Section 18(b) & (d) of the Constitution: Every Person - (b) has a right to seek, receive and, or disseminate information (d) has a right to be informed at all times of various important events of life and activities of the people and also of issues of importance to the society.||This is just a general guarantee of freedom of expression closely based on international law - would need specific interpretation by the courts to include RTI.|
|Thailand||2||Article 56. A person shall have the right to get access to public information in possession of a State agency, State enterprise or local government organization, unless the disclosure of such information shall affect the security of the State, public safety, interests of other persons which shall be protected or private information as provided by law. Article 57. A person shall have the right to receive information, explanation, and reason from a State agency, State enterprise or local government organization before permission is given for operation of any project or activity which may affect the quality of environment, health, and sanitary conditions, the quality of life or any other material interest concerning him or her or a local community and shall have the right to express his or her opinion on such matters to agencies concerned for consideration in that matters. In undertaking any social, economic, political, and cultural development planning, appropriation of immovable property, city planning, land use zoning, and issuance of regulations which may affect the interests of the people, the State shall thoroughly hold public hearings procedure prior to implementation.|
|Timor-Leste||0||40. Freedom of Expression and Information |
(1) All persons have the right to freedom of expression and the right to inform and be informed impartially.
(2) The exercise of freedom of expression and information cannot be limited by any type of censorship.
(3) The exercise of rights and liberties referred to in this Article is regulated by law based on the imperative of respect for the Constitution and the dignity of the human person.
40. Liberdade de expressão e informação
(1) Todas as pessoas têm direito à liberdade de expressão e ao direito de informar e ser informados com isenção.
(2) O exercício da liberdade de expressão e de informação não pode ser limitado por qualquer tipo de censura.
(3) O exercício dos direitos e liberdades referidos neste artigo é regulado por lei com base nos imperativos do respeito da Constituição e da dignidade da pessoa humana.
|Context indicates freedom of information understood as right to receive information.
|Togo||0||N/A||Not guaranteed in the Constitution.|
|Tonga||0||N/A||No reference to RTI.
|Trinidad and Tobago||0||N/A||Not mentioned in the constitution.|
|Tunisia||1||Constitution, Art. 32: The State shall guarantee the right to information and the right to access to information and communications networks.||One point given for a self-standing clause requiring State to guarantee RTI but does not clearly include right to information held by public authorities.|
|Turkey||2||Article 74: Everyone has the right to obtain information and appeal to the Ombudsperson.||Constitution of Turkey.
|Turkmenistan||1||38. … Public authorities and local self-government bodies, and their officials shall be obliged to get each individual familiarized with the documents and materials directly related to his rights and freedoms, unless otherwise stipulated by law.|
42. Everyone shall be guaranteed the freedom of opinion and expression. No one shall have the right to prohibit an individual to freely express his/her opinion as well as prevent its dissemination in accordance with the law. No one can be forced to express his/her opinion or belief, or renounce them. Everyone shall have the right to free search of information and to receive and disseminate information in ways not prohibited by law, if it is not a state or other secret protected by law.
|Limited to right to access information related to one’s own rights.
|Tuvalu||0||2. For the purposes of this section, freedom of expression includes— a. freedom to hold opinions without interference; and b. freedom to receive ideas and information without interference; and c. freedom to communicate ideas and information without interference; and d. freedom from interference with correspondence.||Reference to right to receive information just part of a general guarantee of freedom of expression.
|Uganda||2||Constitution of the Republic of Uganda, 1995 41 Right of access to information. (1) Every citizen has a right of access to information in the possession of the State or any other organ or agency of the State except where the release of the information is likely to prejudice the security or sovereignty of the State or interfere with the right to the privacy of any other person. (2) Parliament shall make laws prescribing the classes of information referred to in clause (1) of this article and the procedure for obtaining access to that information.|
|Ukraine||2||Const., Article 34: "Everyone is guaranteed the right to freedom of thought and speech, and to the free expression of his or her views and beliefs. Everyone has the right to freely collect, store, use and disseminate information by oral, written or other means of his or her choice. The exercise of these rights may be restricted by law in the interests of national security, territorial indivisibility or public order, with the purpose of preventing disturbances or crimes, protecting the health of the population, the reputation or rights of other persons, preventing the publication of information received confidentially, or supporting the authority and impartiality of justice."||Resolution of the Plenum of the Supreme Administrative Court of Ukraine No. 10 dated September 29, 2016, section 1 says that all the information held by public authorities is open. "All information presented or documented by any means and being in possession of government agencies, namely public authorities, other public bodies, local authorities and other entities that perform management functions to the legislation and make obligatory decisions is public information."
|United Arab Emirates||0||N/A||No reference to RTI.
|United Kingdom||0||N/A||Not mentioned.|
|United States||0||N/A||Not mentioned.
|Uruguay||1||Article 29: The expression of opinion on any subject by word of mouth, private writing, publication in the press, or by any other method of dissemination is entirely free, without prior censorship; but the author, printer or publisher as the case may be, may be held liable, in accordance with law, for abuses which they may commit. Article 72: The enumeration of rights, duties, and guarantees made in this Constitution does not exclude others which are inherent in human beings or which are derived from a republican form of government. Article 82: The nation adopts the democratic republican form of government. Its sovereignty shall be exercised directly by the voters [Cuerpo Electoral] through election, initiative, and referendum, and indirectly by the representative powers which this Constitution establishes; all in conformity with the rules herein set forth.||While the Constitution does not provide explicit protection for the right to information, it has the following: Article 29 protects freedom of expression; Article 72 is an open clause linking other rights with a democratic and republican government; and Article 82 protects the republican nature of government. Based on these three articles the Supreme Court has upheld the constitutionality of the current law on RTI in various decisions.|
|Uzbekistan||0||Not in constitution|
|Vanuatu||0||N/A||No, the law makes reference to the Constitutional protection for freedom of expression instead.|
|Venezuela (Bolivarian Republic of)||1||28. Anyone has the right of access to the information and data concerning him or her or his or her goods which are contained in official or private records, with such exceptions as may be established by law, as well as what use is being made of the same and the purpose thereof, and to petition the court of competent competence for the updating, correction or destruction of any records that are erroneous or unlawfully affect the petitioner’s right. He or she may, as well, access documents of any nature containing information of interest to communities or group of persons. The foregoing is without prejudice to the confidentiality of sources from which information is received by journalist, or secrecy in other professions as may be determined by law.|
58. Communications are free and plural, and involve the duties and responsibilities indicated by law. Everyone has the right to timely, truthful and impartial information, without censorship, in accordance with the principles of this Constitution, as well as the right to reply and corrections when they are directly affected by inaccurate or offensive information…
28. Toda persona tiene el derecho de acceder a la información y a los datos que sobre sí misma o sobre sus bienes consten en registros oficiales o privados, con las excepciones que establezca la ley, así como de conocer el uso que se haga de los mismos y su finalidad, y de solicitar ante el tribunal competente la actualización, la rectificación o la destrucción de aquellos, si fuesen erróneos o afectasen ilegítimamente sus derechos. Igualmente, podrá acceder a documentos de cualquier naturaleza que contengan información cuyo conocimiento sea de interés para comunidades o grupos de personas. Queda a salvo el secreto de las fuentes de información periodística y de otras profesiones que determine la ley.
58. La comunicación es libre y plural y comporta los deberes y responsabilidades que indique la ley. Toda persona tiene derecho a la información oportuna, veraz e imparcial, sin censura, de acuerdo con los principios de esta Constitución, así como a la réplica y rectificación cuando se vea afectada directamente por informaciones inexactas o agraviantes…
|One point given for the right to access information about oneself or right to access documents with information of interest to communities or groups in Article 28. No points for Article 58 which, from context, seems to be about freedom of expression.
|Vietnam||1||Article 25: (of Constitution): The citizen shall enjoy the right to freedom of opinion and speech, freedom of the press, to access to information, to assemble, form associations and hold demonstrations. The practice of these rights shall be provided by the law.||Not very clear in scope and nature: right "to access to information".|
|Yemen||0||N/A||No constitutional right.|
|Zambia||0||20. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to impart and communicate ideas and information without interference, whether the communication be to the public generally or to any person or class of persons, and freedom from interference with his correspondence.|
173. (1) The guiding values and principles of the public service include the following- h. proactively providing the public with timely, accessible and accurate information;…
255. The management and development of Zambia’s environment and natural resources shall be governed by the following principles:… m. access to environmental information to enable people preserve, protect and conserve the environment.
|References to guiding principles of proactive disclosure/access to environmental information are not enough for 1 point.
|Zimbabwe||2||62. 1. Every Zimbabwean citizen or permanent resident, including juristic persons and the Zimbabwean media, has the right of access to any information held by the State or by any institution or agency of government at every level, in so far as the information is required in the interests of public accountability. |
2. Every person, including the Zimbabwean media, has the right of access to any information held by any person, including the State, in so far as the information is required for the exercise or protection of a right.
3. Every person has a right to the correction of information, or the deletion of untrue, erroneous or misleading information, which is held by the State or any institution or agency of the government at any level, and which relates to that person.
4. Legislation must be enacted to give effect to this right, but may restrict access to information in the interests of defence, public security or professional confidentiality, to the extent that the restriction is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom.
|Of the 2013 Constitution.|
- If there is no constitutional guarantee for the right to information or the guarantee is so limited that government has unfettered discretion to withhold information.
- General references to freedom of information, access to information or right to information generally get a point, but may lose that and receive 0 points if the context suggests this is more of a general guarantee of freedom of expression or the free flow of information in society or access to information in general.
- General right to “receive” or “acquire” information: not enough for a point by themselves (but other language making it clear that this refers to the right to access public information may earn a point)
- Right to receive/gather information from generally accessible sources receives 0 points
- If there is a right to information held by public authorities, but worded in such a way as to give government unfettered discretion to deny it, this will also result in 0 points
- 1 point if there is an explicit constitutional guarantee for the right to information or senior courts have read such a guarantee into the constitution but there are unjustified limits on the right, such as by limiting what kind of information is accessible and who can access it, but do not amount to giving the government unlimited discretion to deny access.
- A right to access information, a right to information and a right to freedom of information generally receive a point, subject to the point made above. If in a separate sentence or provision or otherwise distinct from a general guarantee of freedom of expression this earns 1 point. In border line cases we will look to local reviewers for guidance on local interpretation.
- 2 points if there is either an explicit constitutional guarantee for the right to information or senior courts have read such a guarantee into the constitution and any limits on this right are in line with international standards.
- The right to information must specify, either directly or reasonably clearly from context, that it means the right to information held by public authorities/government bodies