Cape Verde
Name of law: Law nº 10/X/2022 on the access and reuse of administrative documents and administrative information
First adopted: 2022
Last modified: n/a
RTI Rating last updated: n/a
First adopted: 2022
Last modified: n/a
RTI Rating last updated: n/a
Introduction
This is a very weak law overall. While it has the basic structure of a right to information law, almost every area includes very substantial exceptions, exclusions or simply missing items. There are broad exclusions of bodies and information, the regime of exceptions is scattered in various, often repetitive, rules while it preserves other laws, has far too many overbroad and not harm-tested exceptions and does not have a public interest override. There is no independent administrative oversight body, no relevant sanctions or protections whatsoever and only very limited promotional measures.| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 3 | 6 |
| 2 | Scope | 15 | 30 |
| 3 | Requesting Procedures | 17 | 30 |
| 4 | Exceptions & Refusal | 7 | 30 |
| 5 | Appeals | 3 | 30 |
| 6 | Sanctions & Protections | 0 | 8 |
| 7 | Promotional Measures | 5 | 16 |
| ∑ = 50 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
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 | 1 | Constitution, Article 245. An individual, directly either through associations or through organizations for the defense of diffuse interests, to which he or she belongs, shall have, under the terms of the law, the right: (d) To have access to administrative files and records, subject to the provisions of the law in matters relating to internal and external security of the State, to criminal investigation, to judicial secrecy, the State secret and to personal privacy; | Very limited guarantee but one point given. Available at: https://constitutions.unwomen.org/en/countries/africa/~/media/983cd3b8346a4d53b9e116676bff7363.ashx |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | Partially | 1 | 5(1) Everyone, without the need to state any interest, has the right of access to documents and administrative information, which includes the rights of consultation, reproduction and information about their existence and content. | One point deducted because scope of right in terms of information is so limited. |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | Partially | 1 | 11(4) The grounds for rejection and the respective protected interests must be interpreted in a restrictive manner in view of the public interest underlying the disclosure of information. | Only interpretation and only relating to exceptions but one point given. |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | 5(1) Everyone, without the need to state any interest, has the right of access to documents and administrative information, which includes the rights of consultation, reproduction and information about their existence and content. | States everyone and does not suggest any restrictions but does not make it clear about legal entities. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 1 | 3(1) For the purposes of this law, it is considered: a) Administrative documents - any content or part of that content that is in possession or is held, on behalf of the bodies and entities referred to in the previous article, whether in graphic, sound, visual, computerized information or records of another nature, namely, processes, reports, studies, opinions, minutes, records, circulars, directives, circular letters, service orders, internal normative dispatches, instructions and guidelines for legal interpretation or framing of activities or other information elements, including in them, namely, those related to: i. Procedures for issuing administrative acts and regulations; ii. Public procurement procedures, including the concluded contracts; iii. Management of human resources, namely those related to recruitment procedures, staffing, professional development, evaluation, exercise of disciplinary power and any changes to the respective legal relationships. (2) For the purposes of this law, the following are not considered administrative documents: a) Personal notes, sketches, notes, electronic communications and other records of a similar nature, whatever their support; b) Documents the preparation of which does not fall within the scope of administrative activities, those relating to judicial function or activities, as well as those relating to the meeting of the Council of Ministers and its preparation; c) Documents produced within the scope of diplomatic relations of the State of Cape Verde. | Very unclear. Broad exclusions from "administrative documents" but s. 5 gives access to "administrative information" and also "documents". |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | Partially | 1 | 5(1) Everyone, without the need to state any interest, has the right of access to documents and administrative information, which includes the rights of consultation, reproduction and information about their existence and content. | Not clear. Seems to focus more on documents only. |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 1. This law applies to the following bodies and entities: a) Bodies of sovereignty and bodies of the State that form part of the Public Administration; b) Other State bodies, in so far as they exercise materially administrative functions; c) Bodies of public institutes, independent administrative entities and public associations and foundations; d) Bodies of public companies; e) Bodies of local authorities, inter-municipal entities and any other local public associations and federations; f) Bodies of municipal and inter-municipal companies, as well as any other local companies or public municipal services; g) Associations or foundations governed by private law, in which the bodies and entities provided for in this number exercise management control powers or appoint, directly or indirectly, the majority of the holders of the administrative, management or supervisory body; h) Other entities responsible for managing public archives; i) Other entities in the exercise of materially administrative functions or public powers, namely those that hold concessions or delegations of public services. 2. The provisions of this law are also applicable to documents held or drawn up by any entities endowed with legal personality that have been created to specifically satisfy general interest needs, without an industrial or commercial nature, provided that one of the following is verified circumstances: a) The respective activity is mostly funded by any of the entities referred to in the previous number or in this number; b) The respective management is subject to control by one of the entities referred to in the previous number or in this number; c) The respective administrative, management or supervisory bodies are composed, in more than half, by members appointed by any of the entities referred to in the previous number or in this number. | Seems pretty comprehensive. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | NO | 0 | 3(2) For the purposes of this law, the following are not considered administrative documents: ... b) Documents the preparation of which does not fall within the scope of administrative activities, those relating to judicial function or activities, as well as those relating to the meeting of the Council of Ministers and its preparation; | |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | 3(2) For the purposes of this law, the following are not considered administrative documents: ... b) Documents the preparation of which does not fall within the scope of administrative activities, those relating to judicial function or activities, as well as those relating to the meeting of the Council of Ministers and its preparation; | |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 3(1) This law applies to the following bodies and entities: g) Associations or foundations governed by private law, in which the bodies and entities provided for in this number exercise management control powers or appoint, directly or indirectly, the majority of the holders of the administrative, management or supervisory body; | Not clear this would cover all State-owned enterprises. |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 3(2( The provisions of this law are also applicable to documents held or drawn up by any entities endowed with legal personality that have been created to specifically satisfy general interest needs, without an industrial or commercial nature, provided that one of the following is verified circumstances: a) The respective activity is mostly funded by any of the entities referred to in the previous number or in this number; b) The respective management is subject to control by one of the entities referred to in the previous number or in this number; c) The respective administrative, management or supervisory bodies are composed, in more than half, by members appointed by any of the entities referred to in the previous number or in this number. | Again not very clear, for example if these bodies were created or funded by parliament. |
2. Scope |
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 | 1 | 3(2) The provisions of this law are also applicable to documents held or drawn up by any entities endowed with legal personality that have been created to specifically satisfy general interest needs, without an industrial or commercial nature, provided that one of the following is verified circumstances: a) The respective activity is mostly funded by any of the entities referred to in the previous number or in this number; b) The respective management is subject to control by one of the entities referred to in the previous number or in this number; c) The respective administrative, management or supervisory bodies are composed, in more than half, by members appointed by any of the entities referred to in the previous number or in this number. | Would only cover these bodies if they operated on a non-commercial basis. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | 5(1) Everyone, without the need to state any interest, has the right of access to documents and administrative information, which includes the rights of consultation, reproduction and information about their existence and content. | |
3. Requesting Procedures |
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 | 0 | 6(1) Access to administrative documents is requested in writing, through an application that contains the essential elements for the identification of the applicant, namely, name, personal or collective identification data, contact and signature. | Need name and ID. |
3. Requesting Procedures |
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 | 2 | 6(1) Access to administrative documents is requested in writing, through an application that contains the essential elements for the identification of the applicant, namely, name, personal or collective identification data, contact and signature. (3) The requested entity may also accept verbal requests, and must do so in cases where the law expressly determines so, and proof of the formulation of the request must be delivered at the time. (4) The requested entity also accepts applications made electronically, provided they contain the essential elements referred to in number 1. | Not clear about whether you need to use the form. |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | YES | 2 | 6(5) The bodies and entities to which this law applies are responsible for providing assistance to the public in identifying and consulting the documents and data required. (6) If the request is not sufficiently precise, the requested entity must, within a period of ten days, from the date of its receipt, indicate the deficiency to the applicant and invite him to remedy it within a period established for the purpose, and seek to assist you in its formulation, by providing, namely, information on the use of your files and records. | |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 9(1) The entity to which the request for access to an administrative document is addressed must, within a period of 15 (fifteen) days: e) Inform that you do not have the document and, if you know which entity holds it, forward the application, informing the applicant. 11(1) Requests for access to information and administrative documents may be rejected when they are not and should not be in the possession of the body or entity to which the request is addressed, provided that the latter, if aware that the information or document is held by another entity, must send the request directly and immediately, informing the applicant accordingly. | 9(1)(e) appears to provide for referrals while 11(1) appears to provide for transfers so this needs to be clarified. |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | Partially | 1 | 7(1) Access to administrative documents is exercised through the following means, at the option of the applicant: a) Face-to- face consultation in the services that hold them; b) Reproduction by photocopy or by any technical means, namely visual, sound or electronic; c) Certificate. (3) When there is a risk of reproduction causing damage to the document, the applicant may, at his own expense and under the direction of the detaining service, promote manual copying or reproduction by another means that does not harm its preservation. (4) Computerized documents are sent by any means of electronic data transmission, whenever possible and provided that it is a suitable means for the intelligibility and reliability of their content, and in terms strictly corresponding to the content of the registration. | Various means of access but not that comprehensive and not entirely clear that preferences of applicant are binding. |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
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 | 2 | 9(1) The entity to which the request for access to an administrative document is addressed must, within a period of 15 (fifteen) days: a) Communicate the date, place and method for carrying out the requested consultation; b) Issue the required reproduction or certificate; c) Indicate the exact location, on the Internet, of the required document, unless the applicant demonstrates the impossibility of using this form of access; d) Communicate, in writing, the reasons for refusing, in whole or in part, access to the document; | Seems to be 15 calendar days (so approximately 10 working days). |
3. Requesting Procedures |
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 | 2 | (3) In exceptional cases, if the volume or complexity of the information justifies it, the period referred to in numbers 1 and 2 may be extended up to a maximum of one month, and the applicant must be informed of this fact, with an indication of the respective reasons, in the period of 15 (fifteen) days. | |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | Partially | 1 | N/A | Not mentioned but some benefit of doubt given since it does not appear to be provided for either. |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | Partially | 1 | 8(1) Access through the means provided for in paragraphs b) and c) of paragraph 1 of the previous article, without prejudice to the principles enshrined in the General Regime of Fees, is subject to the payment of fees, the determination of which amount is subject to the following Principles: a) Correspond to the sum of the charges proportional to the use of machines and tools for the collection, production and reproduction of the document, with the costs of the materials used and the service provided, with the value of the fee not exceeding three times the average market value; b) In the case of issuance of a certificate, when the document made available constitutes the material result of an administrative activity, for which fees or fees are due, the charges referred to in the previous paragraph are added to the amount of the fee for issuing the certificate; c) The fees charged may also add, when applicable and required by law, the cost of anonymizing the documents and shipping charges, when this is done by post; d) The reproduction carried out electronically and sent by email is not subject to charges.; e) The bodies and entities to which this law applies must, without prejudice to the provisions of subsection i) of no. 1 of article 4 of the present diploma, post in a place accessible to the public the table of charges charged for reproductions and certificates of administrative documents. (6) The amount of fees provided for in this article is regulated by regulatory decree. | No free pages, fees may rise to three times the commercial rate, not clearly limited to cost of reproduction and delivery, although it probably is. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | YES | 2 | 8(2) Beneficiaries of legal aid, recognized as such under the terms of the law, enjoy exemption from any fees due for access to the administrative information necessary for the instruction of the process, in respect of which they have been granted the respective support. (3) Persons who prove that they earn a monthly income equal to or less than the minimum wage practiced in public administration are exempt from paying fees. (4) Public utility entities and collective persons are exempt from paying fees. (5) Victims of gender-based violence and their respective representative associations, as well as associations representing children and adolescents victims of sexual abuse, qualified as such, under the terms of the law, enjoy exemption from any fees due for access to administrative information necessary for processing requests for administrative protection or judicial action aimed at preventing or prosecuting acts of gender-based violence or sexual abuse committed against you or your associates. | Some rather interesting fee waiver arrangements. |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | See Chapter III, Articles 12-17 | Complex rules on reuse with both facilitate it but also limit it, e.g. by providing that you cannot alter documents without permission and that you must pay. |
4. Exceptions & Refusal |
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 | 0 | 2(3)(b)-(e), 3(2)(b)-(c), 10, 11(3)(a), (c) | A number of the exception rules make it clear that they are subject to existing laws and not the other way around. |
4. Exceptions & Refusal |
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. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 4 | 2(3)(b)-(e), 3(2)(b)-(c), 10, 11(3)(a), (c) | notary and registration documents (2(3)(c)), professional secrecy (2(3)(d)), asset declarations (2(3)(e)), documents relating to meetings of the Council of Ministers (3(2)(b)), abusive requests (11(3)(a)), information provided voluntarily (11(3)(c)(vi)) |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | NO | 0 | 2(3)(b)-(e), 3(2)(b)-(c), 10, 11(3)(a), (c) | Security, criminal and other investigations (2(3)(b) and 10(6)(b)), diplomatic relations(3(2)(c)), preparatory documents (10(3)), audits (10(4)), commercial information (10(5)) |
4. Exceptions & Refusal |
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 | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
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 | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | 10(8) Administrative documents subject to access restrictions are subject to partial communication, whenever it is possible to purge the information relating to the reserved matter. | |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | Partially | 1 | 9(1) The entity to which the request for access to an administrative document is addressed must, within a period of 15 (fifteen) days: d) Communicate, in writing, the reasons for refusing, in whole or in part, access to the document; | Must inform about reasons for refusal but not appeal options. |
5. Appeals |
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 | YES | 2 | 18(1) Any citizen or group of citizens may complain, to the bodies or entities referred to in article 2 of this diploma, for non-compliance with the obligation of active disclosure, undue or incorrect partial disclosure of information or administrative document. 19(1) In case of unfounded claim, the applicant may lodge an appeal with the member of the government that supervises or supervises or with the highest leader of the organ or organizational unit requested. 20(1) The deadline for submitting a complaint regarding the act of rejection of the request for access or reuse of administrative documents is 20 (twenty) days, counting from the date of knowledge of the rejection decision, and the respective decision must be issued within the maximum period of 20 (twenty) days, counting from its presentation. (3) The deadline for filing an appeal is 30 (thirty) days, counting from the date of knowledge of the complaint decision, and the respective decision must be issued within a maximum period of 20 (twenty) days, counting from its presentation. | |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | 19(1) In case of unfounded claim, the applicant may lodge an appeal with the member of the government that supervises or supervises or with the highest leader of the organ or organizational unit requested. | This is not an independent appeal but an appeal to a higher internal body. |
5. Appeals |
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 that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | NO | 0 | N/A | No independent appeal |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | No independent appeal |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | NO | 0 | N/A | No independent appeal |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | No independent appeal |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | N/A | No independent appeal |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | No independent appeal |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | Partially | 1 | N/A | Not mentioned but some benefit of doubt given. |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | N/A | Not mentioned |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
48 | In the appeal process, 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 | 0 | N/A | Not mentioned |
5. Appeals |
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 records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | No independent appeal |
6. Sanctions & Protections |
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 | NO | 0 | 22-25 | These provide for sanctions for illegitimate requests but nothing about obstruction of access. |
6. Sanctions & Protections |
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 | 0 | N/A | Not mentioned |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | NO | 0 | N/A | Not mentioned |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | NO | 0 | N/A | Not mentioned |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | Partially | 1 | 28. The government department responsible for the area of public administration must promote the dissemination and broad knowledge of this diploma and support other entities in its interpretation, with a view to pursuing the objectives established with its approval. | Limited role to support other entities in implementation. |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | YES | 2 | 28. The government department responsible for the area of public administration must promote the dissemination and broad knowledge of this diploma and support other entities in its interpretation, with a view to pursuing the objectives established with its approval. | |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | Partially | 1 | 4(1) The bodies and entities to which this law applies, publish, every six months, in an active, permanent and updated manner, on their websites on the Internet, namely: a) Administrative documents, data or lists that inventory them, that they intend to make available freely for access and reuse, under the terms of this law, without prejudice to the legal data protection regime. | Only lists of documents that they intend to make public. |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | Partially | 1 | 26(1) The execution of this law is subject to regular monitoring by the government sector responsible for public administration. (2) A report is drawn up annually, to be published on the website of the Central Body responsible for Public Administration, containing a summary of the decisions handed down on appeal. | Very limited reporting only on appeal decisions. |
