Georgia
Name of law: The General Administrative Code of Georgia
First adopted: 1999
Last modified: n/a
RTI Rating last updated: 2013-01
First adopted: 1999
Last modified: n/a
RTI Rating last updated: 2013-01
Introduction
Georgia’s RTI law ranks above average in large part due to its perfect scope. This is supplemented by a set of mostly compliant harm-tested specific exceptions, although there is no public interest override and articles in other laws that restrict information disclosure are preserved. Appeals go to the Public Defender, a sort of ombudsman, who lacks binding order powers and certain other better practice features. The law also fails to provide for sanctions for obstruction of access and has only limited protections for good faith disclosures. Local Experts: Tamar Gurchiani, Tamuna Kaldani| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 4 | 6 |
| 2 | Scope | 30 | 30 |
| 3 | Requesting Procedures | 17 | 30 |
| 4 | Exceptions & Refusal | 18 | 30 |
| 5 | Appeals | 14 | 30 |
| 6 | Sanctions & Protections | 1 | 8 |
| 7 | Promotional Measures | 9 | 16 |
| ∑ = 93 | ∑ = 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 | YES | 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. | Link to the Constitution of Georgia (In English) here. |
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 | YES | 2 | Article 28 (Accessibility of public information): \"Public information shall be open except as provided in applicable legislation, or when openness expressly and inevitably undermines: (a) national security, but only if there is a reasonable presumption that the disclosure of such information will undermine the completion of a military, intelligence or diplomatic action that is planned or being implemented, or the physical safety of persons involved, or (b) the investigation of a criminal offense, if there is a reasonable presumption that the disclosure of such information will undermine the identification of confidential sources of law-enforcement or intelligence agencies, interfere with the prevention, detection and elimination of an offense and prosecution of an offender, or endanger life and physical safety of any person or violate a suspect’s or defendant’s right to the secrecy of investigation, except when the decree regarding their search was issued.\" | |
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 | NO | 0 | N/A | Not mentioned. |
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 | Article 37 – Request for public information 1. Everyone has the right to request public information regardless of its physical form and stored conditions, and choose the form of receiving public information if it is of different types, and to access the original information. In the case of risk of damaging the original information, the public institution shall be obliged to make the original available for reading under supervision, or present a duly certified copy. | Refers to "everyone" having the right to claim access to information. |
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 | YES | 4 | Article 37 Request for public information 1. Everyone has the right to request public information regardless of its physical form and stored conditions, and choose the form of receiving public information if it is of different types, and to access the original information. In the case of risk of damaging the original information, the public institution shall be obliged to make the original available for reading under supervision, or present a duly certified copy. | |
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 | YES | 2 | Article 37 Request for public information 1. Everyone has the right to request public information regardless of its physical form and stored conditions, and choose the form of receiving public information if it is of different types, and to access the original information. In the case of risk of damaging the original information, the public institution shall be obliged to make the original available for reading under supervision, or present a duly certified copy. | Not stated in a clear way, but can be inferred by the spirit of the law. Sometimes the administrative agencies in Georgia assert that the law only gives us the right to request the information and not to ask the question. |
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 | Article 27 Definition of terms The terms used in this chapter shall have the following meanings for the purposes of this chapter: a) public institution an administrative body, as well as a legal person under private law with funding received from the state or local budget; b) collegial public institution a public institution whose managing or consultative body shall consist of more than one person and where decisions shall be made and prepared jointly by more than one person; c) member of collegial public institution a public servant who shall participate in making or preparing decisions by a collegial public institution by exercising his/her right to vote; d) official – an official defined under Article 2 of the Law of Georgia on Conflicts of Interest and Corruption in Public Institutions; | The definition of terms provided by the law distinguishes "public agency" from "corporate public agency". Then, at the time of granting access to the public information, the articles refers only to the "public agencies" and not the "corporate public agencies", that are the ones that contains a governing or advisory board. The definition of public agency is broad and covers all the bodies and classes. Concerning to archives, at first are included, but If the government decides to make them private and not to fund them from the state budget, FOI law will not cover them. |
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 | YES | 4 | Article 3 Scope of the Code 1. The scope of this Code shall apply to the activities of the state, local self-government bodies and institutions, as well as the activities of persons deemed to be administrative bodies under this Code. 2. The scope of this Code, except for Chapter III, shall not apply to the activities of the following state bodies: a) the Parliament of Georgia; the highest representative authorities of the Autonomous Republics of Abkhazia and Ajara; b) consultative bodies of the President of Georgia and Government of Georgia; c) the Public Defender of Georgia; d) judicial authorities of Georgia; e) the Higher Council of Justice of Georgia; 3. The scope of this Code shall apply to the activities of the bodies and officials referred to in the second paragraph of this article when the activities relate to exercising administrative function. f) the Personal Data Protection Official; g) diplomatic missions and consular offices of Georgia abroad. | No distinction between public information: "All public information kept by a public agency shall be entered into the public register". Some bodies, like the corporate public agencies can take the decision to close a session and make it private, without justifying the closure with the exceptions of article 28 (national security and the investigation of a criminal offence). |
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 | YES | 4 | Article 28. Public information shall be open except as provided in applicable legislation, or when openness expressly and inevitably undermines: [...] (b) the investigation of a criminal offence, if there is a reasonable presumption that the disclosure of such information will undermine the identification of confidential sources of law-enforcement or intelligence agencies, interfere with the prevention, detection and elimination of an offence and prosecution of an offender, or endanger life and physical safety of any person or violate a suspect's or defendant's right to the secrecy of investigation, except when the decree regarding their search was issued. | Not stated in a clear way, but can be inferred by the spirit of the law that the right of access applies to the judicial branch. |
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 | YES | 2 | Article 27 – Definition of terms The terms used in this chapter shall have the following meanings for the purposes of this chapter: a) public institution an administrative body, as well as a legal person under private law with funding received from the state or local budget; b) collegial public institution a public institution whose managing or consultative body shall consist of more than one person and where decisions shall be made and prepared jointly by more than one person; c) member of collegial public institution a public servant who shall participate in making or preparing decisions by a collegial public institution by exercising his/her right to vote; d) official an official defined under Article 2 of the Law of Georgia on Conflicts of Interest and Corruption in Public Institutions; | "Public agency means a state or self-government agency or institution...or artificial person of Public Law or Private Law that receives funding from the State Budget"; "A public agency shall provide access to the copy of public information.". |
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 | YES | 2 | Article 27 – Definition of terms The terms used in this chapter shall have the following meanings for the purposes of this chapter: a) public institution – an administrative body, as well as a legal person under private law with funding received from the state or local budget; b) collegial public institution – a public institution whose managing or consultative body shall consist of more than one person and where decisions shall be made and prepared jointly by more than one person; c) member of collegial public institution – a public servant who shall participate in making or preparing decisions by a collegial public institution by exercising his/her right to vote; d) official – an official defined under Article 2 of the Law of Georgia on Conflicts of Interest and Corruption in Public Institutions; | |
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 | YES | 2 | Article 27 – Definition of terms The terms used in this chapter shall have the following meanings for the purposes of this chapter: a) public institution – an administrative body, as well as a legal person under private law with funding received from the state or local budget; b) collegial public institution – a public institution whose managing or consultative body shall consist of more than one person and where decisions shall be made and prepared jointly by more than one person; c) member of collegial public institution – a public servant who shall participate in making or preparing decisions by a collegial public institution by exercising his/her right to vote; d) official – an official defined under Article 2 of the Law of Georgia on Conflicts of Interest and Corruption in Public Institutions; | "Public institution" means a state or self-government agency or institution...or artificial person of Public Law or Private Law that receives funding from the State Budget". The "performing of public function" is questionable, for example, in the case of Georgian Railway, the company, which is dealing with all the railway related issues in Georgia, is not funded by the state budget, and it's legal status is just private company. The same happens with the water, electricity etc., despite these companies deals with issues of public interest. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | Article 37.2 "A person shall submit a written application for public information. It is not necessary for the statement to indicate the motive or purpose of the request for the public information. When filing an application for a trade secret of another, the applicant, except in cases provided by law, shall submit the notarised consent of the relevant person or an administrative body." | Reasons not required. |
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 | YES | 2 | Article 37 – Request for public information 1. Everyone has the right to request public information regardless of its physical form and stored conditions, and choose the form of receiving public information if it is of different types, and to access the original information. In the case of risk of damaging the original information, the public institution shall be obliged to make the original available for reading under supervision, or present a duly certified copy. 2. A person shall submit a written application to obtain public information. Indication of the reason or purpose of requesting the public information in the application shall not be required. When submitting an application to request a commercial secret of another person, an applicant shall present that person’s consent certified by a notary or administrative body, unless otherwise provided for by law. 3. Public information may be requested electronically, through the electronic resources of a public institution. 4. The standard for requesting public information electronically shall be approved by the respective subordinate normative acts. | No mention of anything more than the necessary info to identify. Despite this, it is not necessary to fill out the official form. In practice the request can be discarded if the address is not given or there is no signature on it. |
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 | Partially | 1 | Article 37 – Request for public information 1. Everyone has the right to request public information regardless of its physical form and stored conditions, and choose the form of receiving public information if it is of different types, and to access the original information. In the case of risk of damaging the original information, the public institution shall be obliged to make the original available for reading under supervision, or present a duly certified copy. | The requests cannot be submitted by all means of communication. The only method is a written request, no emails or fax are allowed. The law does not say it explicitly: "Everyone may choose the form of receipt of public information, if there are various forms of its receipt" but in practice there are no fax numbers or email addresses where you can send the request (1 point loss). |
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 | NO | 0 | N/A | The law does not obligate public officials to help the requesters. |
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 | Partially | 1 | Article 40 – Issuing public information 1. A public institution shall be obliged to issue public information, including the public information requested electronically, immediately or not later than 10 days if the request for public information requires: a) retrieving of information from its structural subdivisions in another locality or from another public institution, and its processing; b) retrieving and processing of single and uncorrelated documents of considerable size; c) consulting with its own sub-division in another locality or with another public institution. 2. If a 10-day period is required for issuing public information, a public institution shall be obliged to notify the applicant of it upon request. 3. Proactive publication of public information shall not release a public institution from the obligation to duly issue the same or other public information requested. | No specific mention about the receipt, but it can be inferred that some kind of receipt should be given in order to communicate the decision adopted. A timeframe of ten days is listed in the law. |
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 | YES | 2 | Article 40(1) A public agency shall render a decision on providing or denying access to public information immediately or not later than ten days, if responding to a claim for public information requires: (a) the acquisition of information from its subdivision that operates in another area, or from another public agency, or processing of such information, (b) the acquisition and processing of separate and large documents that are not interrelated, or (c) consultation with its subdivision that operates in another area, or with another public agency, if those are interested in the decision-making on the matter. (2) A public agency shall inform the applicant about the decision, its ground, and applicable regulation. | The authority, when asked for the information, will always provide a decision about the information requested, even if it is related to a different authority. |
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 | YES | 2 | Article 37 – Request for public information 1. Everyone has the right to request public information regardless of its physical form and stored conditions, and choose the form of receiving public information if it is of different types, and to access the original information. In the case of risk of damaging the original information, the public institution shall be obliged to make the original available for reading under supervision, or present a duly certified copy. | Yes, subject to reasonable limitations. |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | Article 40(1) A public agency shall render a decision on providing or denying access to public information immediately or not later than ten days. | |
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 | Article 40 – Issuing public information 1. A public institution shall be obliged to issue public information, including the public information requested electronically, immediately or not later than 10 days if the request for public information requires: a) retrieving of information from its structural subdivisions in another locality or from another public institution, and its processing; b) retrieving and processing of single and uncorrelated documents of considerable size; c) consulting with its own sub-division in another locality or with another public institution. 2. If a 10-day period is required for issuing public information, a public institution shall be obliged to notify the applicant of it upon request. 3. Proactive publication of public information shall not release a public institution from the obligation to duly issue the same or other public information requested. | 10 working days limit |
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 | NO | 0 | N/A | There is no mention about the extensions. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | Article 38 Availability of copy of public information. Public institutions shall be obliged to ensure availability of copies of public information. Charging any fees for issuing public information other than the cost of making copies shall not be permitted. | It is free to file requests. |
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 | Article 38 – Availability of copy of public information Public institutions shall be obliged to ensure availability of copies of public information. Charging any fees for issuing public information other than the cost of making copies shall not be permitted. | A public agency shall provide access to the copy of public information. No fees shall be charged for distributing public information, except for copying costs. There is not 20 pages for free. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | Not mentioned. |
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 | NO | 0 | N/A | Not mentioned. |
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 | Article 28 – Availability of public information 1. Public information shall be open except as provided by law and as determined by the procedure to be considered as personal data, state or commercial secrets. 2. A public institution shall be obliged to ensure proactive publication of public information in the manner and under conditions determined by the relevant subordinate normative act. | Despite of this, RTI law does not trump other laws. The law on state secrets is older and it can be trumped, but the tax code is newer and it trumps the General Administrative Code aka RTI law. Tax Code introduced the trade secret. RTI law is a regular law in Georgia. Unless it has a status of the "organic law", it cannot trump any law generally. |
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 | YES | 10 | Article 27 Personal data Personal data and relations associated with their protection and processing shall be governed by the Law of Georgia on Protection of Personal Data. Commercial secret 1. Commercial secret – information on a plan, formula, process, or means of a commercial value, or any other information used for manufacturing, preparing, processing of goods or rendering services, and/or is a novelty or a significant result of technical activity, as well as other information that may prejudice the competitiveness of a person if disclosed. 2. Information about an administrative body shall not be a commercial secret. 3. When submitting information, a person shall be obliged to specify that the information is his/her commercial secret. A public institution shall, within 10 days, be obliged to consider the information under the first paragraph of this article as a commercial secret unless the requirement of open information is determined by law. If a public institution does not consider information to be a commercial secret when it is submitted the institution shall decide to make the information open and shall immediately notify the respective person of its decision. The information shall become open 15 days after making the decision, unless an owner of this information appeals the decision to a superior administrative body within the 15 days, and to a court as determined by the procedural law of Georgia. The owner must immediately notify the public institution of the appeal. 4. Any person may appeal a decision to consider information to be a commercial secret to a superior administrative body, and to a court as determined by the procedural law of Georgia. 5. A public institution shall be obliged to enter into the Public Register information about a request for a commercial secret by a third party or a public institution, the date of the request, and the identity and address of the requester. Professional secret Information about personal data or a commercial secret of others that has become known to a person while performing his/her professional duties shall be a professional secret. Information not being personal data or a commercial secret of another person may not be a professional secret. State secret Information considered to be a state secret shall be defined by the law on state secrets. | "National Security" and "the investigation of a criminal offense" are the unique exceptions. |
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 | YES | 4 | Article 28. Public information shall be open except as provided in applicable legislation, or when openness expressly and inevitably undermines: (a) national security, but only if there is a reasonable presumption that the disclosure of such information will undermine the completion of a military, intelligence or diplomatic action that is planned or being implemented, or the physical safety of persons involved, or (b) the investigation of a criminal offence, if there is a reasonable presumption that the disclosure of such information will undermine the identification of confidential sources of law-enforcement or intelligence agencies, interfere with the prevention, detection and elimination of an offence and prosecution of an offender, or endanger life and physical safety of any person or violate a suspect's or defendant's right to the secrecy of investigation, except when the decree regarding their search was issued. | A harm test applies to both exceptions mentioned, as follows: "only if there is a reasonable presumption that the disclosure of such information will undermine". |
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 | No public interest override. |
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 | YES | 2 | Article 31 – Duration of maintaining public information classified 1. Professional and commercial information shall be classified indefinitely, except as provided by law. A commercial secret must be declared open if it has lost its value for being considered classified. 2. A decision on maintaining public information classified and extending its duration shall be entered into the Public Register. Article 33. (The procedure for publicizing secret information): After classified information is declassified, any part of classified public information or protocol of the closed session of a corporate public agency that can be separated on reasonable grounds shall be publicised.\" | |
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 | No procedures listed. |
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 | NO | 0 | N/A | There is no severability clause. |
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 | YES | 2 | Article 41 Refusal to issue public information 1. A public institution must immediately notify an applicant of the refusal to issue public information. 2. If a public institution refuses to issue public information, it shall be obliged, within three days from making the decision, to explain to the applicant in writing his/her rights and appeal procedure, as well as to specify the structural subdivision or the public institution with whom consultations were held when making a decision to refuse to issue the information. | A public agency shall inform the applicants about the decision, its ground, and applicable regulation. |
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 | 1 | Section 27. Commercial Secrets 4. Any person may appeal a decision to consider information to be a commercial secret to a superior administrative body, and to a court as determined by the procedural law of Georgia. Article 47 – Cancelling or reversing decisions. Compensation for damage 1. A person has the right to apply to a court to cancel or reverse a decision of a public institution, state employee or public servant. He/she may also claim property and non-property damages when: a) being refused to issue public information, a session of a collegial public institution is fully or partially closed, and public information is made confidential; b) incorrect public information is created and processed; c) other requirements of this chapter are infringed by a public institution, state employee or public servant. 2. The burden of proof shall rest with a defending public institution, state employee or public servant. | Internal appeal only available to challenge application of commercial courts, court only. |
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 | Article 47 – Cancelling or reversing decisions. Compensation for damage 1. A person has the right to apply to a court to cancel or reverse a decision of a public institution, state employee or public servant. He/she may also claim property and non-property damages when: a) being refused to issue public information, a session of a collegial public institution is fully or partially closed, and public information is made confidential; b) incorrect public information is created and processed; c) other requirements of this chapter are infringed by a public institution, state employee or public servant. 2. The burden of proof shall rest with a defending public institution, state employee or public servant. | Link to the Organic Law of Georgia on the Public Defender (In English) <a href="https://matsne.gov.ge/en/document/download/33034/14/en/pdf">here</a>. |
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 | YES | 2 | [Organic Law of Georgia on the Public Defender] Article 6(1) The Public Defender of Georgia shall be a citizen of Georgia. (2) The Public Defender shall be appointed for a term of 5 years by a majority of all members of the Parliament of Georgia. Candidates can be nominated by the President of Georgia, parliamentary factions or a group of at least 6 parliament members who do not belong to any faction. (16.07.2009 N 1460) (3) Before the vote, the Chairperson of the Parliament shall read out the list of nominees and present to the Parliament their written consent to run for the office of the Public Defender. Each candidate shall be voted upon separately by secret ballot. (4) The candidate receiving the highest number of votes but not less than a majority of the total number of the Parliament members, shall be elected. If two or more candidates receive the requisite but equal number of votes, the final determination shall be made by the Parliament voting on these candidates together. The candidate who wins a greater number of votes but not less than a majority of all the members of the Parliament shall be appointed. In the event of a tie, there will be a runoff voting until one candidate gains a majority of votes. (5) If no candidate receives the requisite number of votes, a new vote shall be held. The date for the vote shall be set not earlier than 7 days and not later than 14 days from the first vote. Procedures for the presentation of candidates and voting shall be the same as provided for in paragraphs 2, 3 and 4 of this Article. (6) The same candidate can only be nominated twice during one appointment cycle. Article 10(1) The tenure of the Public Defender shall be subject to premature termination in the event he/she: (a) loses citizenship; (b) is unable to serve for four consecutive months; (c) is found guilty in the final judgment of the court; (d) is recognized to be lacking legal capacity, missing or deceased by the court; (e) has accepted or holds a position or carries out activities incompatible with the Public Defendant's office; (f) resigns; (g) dies. (2) In cases referred to in paragraph 1 above, the term of office of the Public Defender shall be considered terminated from the moment any of the stipulated grounds are established. This shall be notified without delay to the Parliament. (3) In cases stipulated in sub-paragraphs (b) and (e) of paragraph 1 above, the term of office of the Public Defender shall be terminated by the decision of the Parliament adopted by a majority of all members of the Parliament. | The article provides: "The Public Defender shall be appointed for a term of 5 years by a majority of all members of the Parliament of Georgia.". |
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 mention about an independent oversight body. |
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 | Partially | 1 | [Organic Law of Georgia on the Public Defender] Article 4(1) The Public Defender shall be independent in exercising functions of the office and bound only by the Constitution, international treaties and agreements of Georgia, universally recognized principles and rules of international law, the present law and other legislative acts. (2) Any influence or interference with the Public Defender's activities is prohibited and shall be punished by law. Section 2; Article 6, Section 1. The Public Defender of Georgia shall be a citizen of Georgia. Article 8(1) The office of the Public Defender shall be incompatible with membership of any state or local self-government representative body, holding another public office or engaging in a remunerated activity other than scientific, educational or artistic work. The Public Defender cannot be a member of a political party and shall be restricted from any sort of political activity. Exception shall be made if the Public Defender of Georgia simultaneously holds any other office based on the requirements of law or other normative act. (21.07.2010. N3565) (2) Within one month of appointment, the Public Defender shall cease any activity incompatible with his/her status. Failure to comply with this requirement within the stipulated period shall result in the removal of the Public Defender from office and the Parliament shall appoint a new Public Defender. | The article provides: "Any influence or interference with the Public Defender's activities is prohibited and shall be punished by law". No professional expertise is required in order to exercise this charge (1 point loss). |
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 | |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
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 | Not mentioned. |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 47 – Cancelling or reversing decisions. Compensation for damage 1. A person has the right to apply to a court to cancel or reverse a decision of a public institution, state employee or public servant. He/she may also claim property and non-property damages when: a) being refused to issue public information, a session of a collegial public institution is fully or partially closed, and public information is made confidential; b) incorrect public information is created and processed; c) other requirements of this chapter are infringed by a public institution, state employee or public servant. 2. The burden of proof shall rest with a defending public institution, state employee or public servant. | |
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 | YES | 2 | N/A | |
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 | YES | 4 | Article 47 – Cancelling or reversing decisions. Compensation for damage 1. A person has the right to apply to a court to cancel or reverse a decision of a public institution, state employee or public servant. He/she may also claim property and non-property damages when: a) being refused to issue public information, a session of a collegial public institution is fully or partially closed, and public information is made confidential; b) incorrect public information is created and processed; c) other requirements of this chapter are infringed by a public institution, state employee or public servant. 2. The burden of proof shall rest with a defending public institution, state employee or public servant. | |
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 | |
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 | YES | 2 | Article 47 – Cancelling or reversing decisions. Compensation for damage 1. A person has the right to apply to a court to cancel or reverse a decision of a public institution, state employee or public servant. He/she may also claim property and non-property damages when: a) being refused to issue public information, a session of a collegial public institution is fully or partially closed, and public information is made confidential; b) incorrect public information is created and processed; c) other requirements of this chapter are infringed by a public institution, state employee or public servant. 2. The burden of proof shall rest with a defending public institution, state employee or public servant. | Burden of proof rests with public institution, employee or public servant. |
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 | |
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 | Partially | 1 | Article 49 – Submission and publication of reports A public institution shall be obliged, on December 10 each year, to submit to the Parliament of Georgia, the President of Georgia and the Prime Minister of Georgia, and publish in the Legislative Herald of Georgia a report on: a) the number of applications submitted to a public institution for issuing public information and making amendments to public information, as well as the number of decisions on rejecting such applications; b) the number of decisions on granting or rejecting applications, the name of the public servant making the decisions, as well as the decisions on closing its own session by a collegial public institution; c) the public databases, and collecting, processing, storing and transferring the personal data by public institutions to others; d) the number of violations of the requirements of this Code by public servants, and imposing disciplinary fines on the responsible persons; e) the legislative acts used by a public institution as a basis for refusing to issue public information, or when closing the session of a collegial public institution; f) appealing decisions to refuse issuing public information; g) the costs, including the amounts paid in favour of a party, related to processing and issuing information by a public institution, as well as to appealing decisions to refuse to issue public information or to close the session of a collegial public institution. | No specific mention about the imposition of sanctions, but in article 49(d) regarding the annual report that a public agency must present, there is a mention about the "number of violations of this Code by public servants and the imposition of disciplinary penalties upon officials", so there must be some kind of system of imposition of sanctions, despite not being specifically established in the law. |
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 | There is no mention about the system like this. |
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 | |
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 | There are no legal protections about this matter. |
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 | YES | 2 | Article 36. A public agency shall designate a public servant responsible for ensuring availability of public information and proactive publication of information. | |
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 | NO | 0 | N/A | There is no designated body to promote FOI. |
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 | NO | 0 | N/A | Not mentioned. |
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 | YES | 2 | Article 35 – Public Register A public institution shall be obliged to enter the public information available at the institution into the Public Register. References to the public information must be entered into the Public Register within two days after receiving, creating, processing or issuing the information. The references must include the name of public information, dates of its receipt, creation, processing, and issuance, as well as the name of the natural or legal person, public servant, or public institution from which this information was received and/or to which it was sent. Integrated automated tools for records management An administrative body may use software and integrated automated tools for records management and access to information; adopt, issue or release any information and/or document through the integrated automated management tools, unless a person concerned has chosen another form of obtaining the information under this chapter. An administrative body may retain and issue an electronic copy of any document it has created or stored. Data may be entered into the documents issued or released by an administrative body through mechanical and/or electronic means. | |
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 | YES | 2 | Article 35 – Public Register A public institution shall be obliged to enter the public information available at the institution into the Public Register. References to the public information must be entered into the Public Register within two days after receiving, creating, processing or issuing the information. The references must include the name of public information, dates of its receipt, creation, processing, and issuance, as well as the name of the natural or legal person, public servant, or public institution from which this information was received and/or to which it was sent. | |
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 | No mention about this kind of programme. |
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 | YES | 2 | Article 49 – Submission and publication of reports A public institution shall be obliged, on December 10 each year, to submit to the Parliament of Georgia, the President of Georgia and the Prime Minister of Georgia, and publish in the Legislative Herald of Georgia a report on: a) the number of applications submitted to a public institution for issuing public information and making amendments to public information, as well as the number of decisions on rejecting such applications; b) the number of decisions on granting or rejecting applications, the name of the public servant making the decisions, as well as the decisions on closing its own session by a collegial public institution; c) the public databases, and collecting, processing, storing and transferring the personal data by public institutions to others; d) the number of violations of the requirements of this Code by public servants, and imposing disciplinary fines on the responsible persons; e) the legislative acts used by a public institution as a basis for refusing to issue public information, or when closing the session of a collegial public institution; f) appealing decisions to refuse issuing public information; g) the costs, including the amounts paid in favour of a party, related to processing and issuing information by a public institution, as well as to appealing decisions to refuse to issue public information or to close the session of a collegial public institution. | |
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 | Article 49 – Submission and publication of reports A public institution shall be obliged, on December 10 each year, to submit to the Parliament of Georgia, the President of Georgia and the Prime Minister of Georgia, and publish in the Legislative Herald of Georgia a report on: a) the number of applications submitted to a public institution for issuing public information and making amendments to public information, as well as the number of decisions on rejecting such applications; b) the number of decisions on granting or rejecting applications, the name of the public servant making the decisions, as well as the decisions on closing its own session by a collegial public institution; c) the public databases, and collecting, processing, storing and transferring the personal data by public institutions to others; d) the number of violations of the requirements of this Code by public servants, and imposing disciplinary fines on the responsible persons; e) the legislative acts used by a public institution as a basis for refusing to issue public information, or when closing the session of a collegial public institution; f) appealing decisions to refuse issuing public information; g) the costs, including the amounts paid in favour of a party, related to processing and issuing information by a public institution, as well as to appealing decisions to refuse to issue public information or to close the session of a collegial public institution. | This appears to be set individually by each institution. |
