Iceland
Name of law: The Information ActNo. 50/1996
First adopted: 1996
Last modified: n/a
RTI Rating last updated: 2011-08
First adopted: 1996
Last modified: n/a
RTI Rating last updated: 2011-08
Introduction
Iceland is another European country with a very weak right to information law, falling into the bottom 20% of the Rating. It has very weak guarantees for the right, is limited to the executive branch of government and does not even cover State-owned enterprises. Its best performing category is requesting procedures, although it still has gaps there. It does not allow secrecy laws to override it and most specific exceptions are legitimate, but several are not harm-tested and there is no public interest override. Appeals go to an Information Committee, which is positive, but this body is not sufficiently independent and the grounds for appeal are somewhat limited. There are no sanctions or protections at all, and only a very few promotional measures are provided for.
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 0 | 6 |
| 2 | Scope | 10 | 30 |
| 3 | Requesting Procedures | 21 | 30 |
| 4 | Exceptions & Refusal | 17 | 30 |
| 5 | Appeals | 12 | 30 |
| 6 | Sanctions & Protections | 0 | 8 |
| 7 | Promotional Measures | 4 | 16 |
| ∑ = 64 | ∑ = 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 | NO | 0 | N/A | Link to the Constitution of Iceland (English version) 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 | NO | 0 | N/A | Not mentioned. |
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 | Partially | 1 | N/A | Not mentioned, only refers to the public. |
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 | 2 | Article 1. This Act applies to State and municipal administration. Furthermore, the Act applies to the activities of private parties insofar as they have been assigned official power to take decisions regarding individual rights or obligations. Article 2. This Act does not apply to registrations, enforcement proceedings, the arrest of property, attachments, injunctions, sales in execution, payment moratoria, compositions, liquidations, probate or other official divisions, or to investigations and prosecutions in criminal cases. The Act does not cover access to information under the Administrative Procedures Act. Nor does the Act cover access to information under the Act on the Protection of Privacy as Regards the Processing of Personal Data, unless access is requested to documents or other material covered by the second paragraph of Art. 3 of the present Act. In addition, the present Act shall not apply where international agreements to which Iceland is a party dictate otherwise. Provisions which in any other statute authorize more extensive access to information shall retain their force. General statutory provisions on confidentiality shall not restrict access to material according to this Act. Article 3. Upon request, governmental authorities are required to grant the public access to available material on specific matters, subject to the restrictions stated in Art. 4-6. Nonetheless, governmental authorities are not required to prepare new documents or other material, exceeding what can be inferred from Art. 7. The right of access to material shall apply to: (1) Any documents concerning the matter, including any copies of letters sent by a government authority, providing it may be assumed that they have been delivered to the recipient, (2) Any other material concerning the matter, such as drawings, plans, maps, pictures, microfilms and material saved on computers, (3) Diary entries concerning material relating to the matter, and lists of material on the matter Governmental authorities shall be permitted to grant more extensive access to material than is prescribed in this Chapter, unless this is precluded by statutory provisions on secrecy obligations. Article 4: The public right of access to material shall not extend to: (1) Minutes of State Council meetings and Cabinet meetings, memoranda at ministerial meetings, or the documents prepared for such meetings, (2) Correspondence between governmental authorities and experts for use in legal proceedings or in investigating whether or not to initiate such proceedings, (3) The working documents a government authority has written for its own use; nonetheless, access shall be granted to working documents if they contain a final decision on the handling of a matter, or information not available from any other source, (4) Applications for employment by state or local authorities or material related to the applications; nonetheless, information on the names, addresses and job titles of the applicants must be provided after the application deadline has expired. | |
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 | Article 3. Upon request, governmental authorities are required to grant the public access to available material on specific matters, subject to the restrictions stated in Art. 4-6. Nonetheless, governmental authorities are not required to prepare new documents or other material, exceeding what can be inferred from Art. 7. The right of access to material shall apply to: (1) Any documents concerning the matter, including any copies of letters sent by a government authority, providing it may be assumed that they have been delivered to the recipient, (2) Any other material concerning the matter, such as drawings, plans, maps, pictures, microfilms and material saved on computers, (3) Diary entries concerning material relating to the matter, and lists of material on the matter Governmental authorities shall be permitted to grant more extensive access to material than is prescribed in this Chapter, unless this is precluded by statutory provisions on secrecy obligations. | |
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 | Partially | 5 | Article 1. This Act applies to State and municipal administration. Furthermore, the Act applies to the activities of private parties insofar as they have been assigned official power to take decisions regarding individual rights or obligations. Article 2. This Act does not apply to registrations, enforcement proceedings, the arrest of property, attachments, injunctions, sales in execution, payment moratoria, compositions, liquidations, probateor other official divisions, or to investigations and prosecutions in criminal cases. The Act does not cover access to information under the Administrative Procedures Act. Nor does the Act cover access to information under the Act on the Protection of Privacy as Regards the Processing of Personal Data, unless access is requested to documents or other material covered by the second paragraph of Art. 3 of the present Act. In addition, the present Act shall not apply where international agreements to which Iceland is a party dictate otherwise. Provisions which in any other statute authorize more extensive access to information shall retain their force. General statutory provisions on confidentiality shall not restrict access to material according to this Act. | Does not expressly exclude any government bodies, but does exclude types of information eg. Enforcement proceedings, investigations in criminal cases etc. |
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 | Article 1. This Act applies to State and municipal administration. Furthermore, the Act applies to the activities of private parties insofar as they have been assigned official power to take decisions regarding individual rights or obligations. | |
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 | Article 1. This Act applies to State and municipal administration. Furthermore, the Act applies to the activities of private parties insofar as they have been assigned official power to take decisions regarding individual rights or obligations. | |
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 | NO | 0 | N/A | Not mentioned. |
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 | NO | 0 | N/A | Not mentioned. |
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 | Article 1. This Act applies to State and municipal administration. Furthermore, the Act applies to the activities of private parties insofar as they have been assigned official power to take decisions regarding individual rights or obligations. | Applies as private parties have been assigned official power to take decisions regarding individual rights or obligations. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | NO | 2 | Article 10. Anyone requesting access to material shall specify the particular material which they wish to study. On the other hand, they may request to study all of the material on a certain matter without specifying any particular material concerning it. A government authority may stipulate that a request for access to material be made in writing, as well as being submitted on a form provided by the authority. When access is requested to material concerning an issue in which a decision is to be taken or has been taken on individual rights or obligations, the request shall be directed to the government authority which has taken or is due to take a decision on the issue. In other instances, the request shall be directed to the authority safekeeping the material. | |
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 10. Anyone requesting access to material shall specify the particular material which they wish to study. On the other hand, they may request to study all of the material on a certain matter without specifying any particular material concerning it. A government authority may stipulate that a request for access to material be made in writing, as well as being submitted on a form provided by the authority. When access is requested to material concerning an issue in which a decision is to be taken or has been taken on individual rights or obligations, the request shall be directed to the government authority which has taken or is due to take a decision on the issue. In other instances, the request shall be directed to the authority safekeeping the material. | |
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 10. Anyone requesting access to material shall specify the particular material which they wish to study. On the other hand, they may request to study all of the material on a certain matter without specifying any particular material concerning it. A government authority may stipulate that a request for access to material be made in writing, as well as being submitted on a form provided by the authority. When access is requested to material concerning an issue in which a decision is to be taken or has been taken on individual rights or obligations, the request shall be directed to the government authority which has taken or is due to take a decision on the issue. In other instances, the request shall be directed to the authority safekeeping the material. Article 11: Governmental authorities shall determine as soon as possible whether or not to comply with a request for accessing material. Should a request not have been handled within seven days of when it was received, the reasons for this delay and the expected time of decision must be clarified for the requester. When access is granted to material that a third person has a legally protected right to, pursuant to the Copyright Act, information shall be provided on the name of the rights holder, if such information is available. In other respects, procedure shall be subject to the Administrative Procedures Act. | It is under the authorities' discretion to stipulate that a request for access to material be made in writing, as well as being submitted on a form provided by that authority. |
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 | Article 10. Anyone requesting access to material shall specify the particular material which they wish to study. On the other hand, they may request to study all of the material on a certain matter without specifying any particular material concerning it. A government authority may stipulate that a request for access to material be made in writing, as well as being submitted on a form provided by the authority. When access is requested to material concerning an issue in which a decision is to be taken or has been taken on individual rights or obligations, the request shall be directed to the government authority which has taken or is due to take a decision on the issue. In other instances, the request shall be directed to the authority safekeeping the material. | Assistance must be given. |
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 | YES | 2 | Is not clear in the law, but the law on Administrative Procedures at Article 7 para 2 states if an authority receives a written application concerning a matter outside its competence it shall forward the application to the proper authority as soon as possible. | |
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 12. A government authority shall determine whether material to which it is permissible to grant access should be shown or provided as copies or photocopies. However, a public authority is obligated upon request, insofar as possible, to provide copies or photocopies of material in the form or format and in the language in which it is kept, unless it is already accessible to the public in electronic form. When documents are kept solely in electronic form, the requester can demand to receive them in printed form, unless the third paragraph applies. When the number of documents is great, the government authority may decide to assign their photocopying to other parties. The same applies when the government authority does not have facilities for photocopying documents. In such cases, the requester shall pay the cost entailed in photocopying the documents. The same applies, where relevant, to copies of material other than documents. By means of a list of fees, the Prime Minister shall decide what is to be paid for copies and photocopies of material provided pursuant to this Act. It is permissible to allow for all of the costs entailed. | |
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 11. Governmental authorities shall determine as soon as possible whether or not to comply with a request for accessing material. [...] | |
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 11. Governmental authorities shall determine as soon as possible whether or not to comply with a request for accessing material. Should a request not have been handled within seven days of when it was received, the reasons for this delay and the expected time of decision must be clarified for the requester. [...] | 7 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 | Partially | 1 | Article 11. Governmental authorities shall determine as soon as possible whether or not to comply with a request for accessing material. Should a request not have been handled within seven days of when it was received, the reasons for this delay and the expected time of decision must be clarified for the requester. [...] | Requesters must be informed of reasons, and the expected time for decision, but there is no legal limit stipulated for the extension. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | Partially | 2 | Article 12. [...] When the number of documents is great, the government authority may decide to assign their photocopying to other parties. The same applies when the government authority does not have facilities for photocopying documents. In such cases, the requester shall pay the cost entailed in photocopying the documents. The same applies, where relevant, to copies of material other than documents. By means of a list of fees, the Prime Minister shall decide what is to be paid for copies and photocopies of material provided pursuant to this Act. It is permissible to allow for all of the costs entailed. | Since fees for photocopying are mentioned but no fees for requesting are mentioned, I assume making requests is free of charge. Since this is not made clear in the law, I gave only 1 point of the maximum 2. |
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 12. [...] When the number of documents is great, the government authority may decide to assign their photocopying to other parties. The same applies when the government authority does not have facilities for photocopying documents. In such cases, the requester shall pay the cost entailed in photocopying the documents. The same applies, where relevant, to copies of material other than documents. By means of a list of fees, the Prime Minister shall decide what is to be paid for copies and photocopies of material provided pursuant to this Act. It is permissible to allow for all of the costs entailed. | It is able to charge all the costs entailed, but only in the case when the number of documents is great. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | No impecunious requesters waivers are 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 | YES | 2 | Article 27. When access is granted to information from public files pursuant to the third paragraph of Art. 3 or the provisions of special acts, the government authority shall be authorised to stipulate that reusing the information will be subject to licence and will have to fulfil specific requirements, such as the quality or updating of data. Consistency and equality shall be ensured when formulating such requirements, which must not excessively restrict competition or the possibilities for reusing the information. On its website, a government authority shall display a list of the files containing information kept by the authority that it is permissible to reuse, in addition to the requirements controlling such reuse. An application for permission to reuse information from a public file shall be directed to the government authority which according to law holds responsibility for entering and processing the information in the file concerned. A public authority shall finish as quickly as possible its handling of applications for permission to reuse information from public files. If a request has not been handled within 20 days of when the application was received, the reasons for the delay and the time when the decision is to be expected must be made clear. Should a government authority refuse to grant permission for reusing information on the grounds of item 2 of the fourth paragraph of Art. 24, the name of the rights holder or her/his agent must be specified. It is permissible to charge for providing access to information from public files, pursuant to the third and fourth paragraphs of Art. 12. The public authority concerned shall establish a schedule of fees, to be confirmed by the Minister. The schedule of fees shall be advertised in Section B of the Law and Ministerial Gazette, as well as being accessible on the government authority's website. No more must be paid for reusing information that comes under the provisions of this Chapter and is subject to a copyright of the State or of municipalities than what is indicated in the sixth paragraph, unless specifically dictated by law. When a government authority makes information accessible to the public on the Internet, based on an agreement with a third person who has a legally protected right to it according to the Copyright Act, the name of the rights holder must be specified. | |
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 | YES | 4 | N/A | Is not found in law, but Administrative Procedures Act states in Article 15 that laws on secrecy shall not limit the duty to grant access to material under this Article. |
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 | 8 | Article 5. It is prohibited to grant the public access to material concerning an individual's private or financial affairs that it is reasonable or appropriate to keep secret, unless the person concerned gives approval. The same restrictions apply on access to material which concerns important financial or commercial interests of businesses or other legal entities. Article 6. It is permissible to restrict public access to material if this is necessitated by important public interests, due to the material containing information on: (1) State security or defence issues, (2) relations with other States or international organisations, (3) The business of state-owned or municipally owned institutions or companies insofar as they are in competition with other bodies, (4) Planned measures or examinations under auspices of the State or of local authorities, if they would be rendered insignificant or not achieve their intended results by becoming known to the public, (5) Environmental matters such as the location of rare species of organisms, minerals, fossils and rock formations, given that the revelation of these matters might have a serious effect on the protection of environmental aspects relating to the information. | Article 5 has a vague wording of "material concerning an individual's private or financial affairs that it would be reasonable or appropriate to keep secret, unless the person concerned gives approval". Article 6(4) stating that "planned measures or examinations under auspices of the State or of local authorities, if they would be rendered insignificant or not achieve their intended results by becoming known to the public" is not strictly included in the acceptable list of exemptions. |
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 | N/A | Not mentioned. |
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 | YES | 2 | Article 8. Access shall be granted to the material covered by item 4 of Art. 6 as soon as the measures or examinations are entirely finished, unless the provisions of Art. 5 or of items 1-3 of Art. 6 apply. Access shall be granted to the information covered by item 5 of Art. 6 when there is no longer any reason to expect that communication of the information might have a serious effect on the environment. Access shall be granted to other material covered by Art. 4-6 when thirty years have elapsed since the creation of the material, excluding information concerning an individual's private affairs; to which access shall not be granted until eighty years have elapsed since its creation. | |
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 | Article 7. If the provisions of Art. 4-6 apply to only part of a document, the public shall be granted access to other contents of the document. The same principle applies to other types of material. | |
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 | N/A | The requester has 14 days to ask for these reasons and the authority has 14 days to provide them. See section V of administrative code. |
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 | NO | 0 | N/A | Not mentioned. |
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 | YES | 2 | Article 14. Should a government authority refuse to grant access to material according to this Act, the matter may be referred to an Information Committee, which shall rule on the dispute. The same applies if a government authority refuses to furnish photocopies of documents or copies of other material. This Committee shall operate independently, and its rulings may not be referred pursuant to this Act to any other governmental authorities. | |
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 | Tenure not mentioned and commissioners are appointed by Prime Minister. |
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 | Not mentioned. |
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 | Article 15. The Prime Minister shall appoint an Information Committee of three persons to serve terms of four years, and shall appoint an equal number of substitutes. Two Committee members, along with their substitutes, shall meet the employment qualifications for District Court judges. One of these two shall be the Committee chair and the other the vice-chair. No member of the Committee may be permanently employed by the Government Offices of Iceland. The Committee is authorised to call on experts for advice and assistance if it finds this necessary. The Committee is bound to secrecy on whatever appears in material passed to the Committee. The same applies to whoever the Committee calls on for assistance. | No mention of not being politically connected. |
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 | Partially | 1 | Article 16. [...] Governmental authorities are obliged to present the Committee with copies of the material to which an appeal relates. [...] | No mentioned of the power to inspect premises. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | YES | 2 | Article 17. [...]Rulings under this Act which regard access to material or copies of material are enforceable, unless their legal effect has been deferred. [...] | |
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 | YES | 2 | Article 17. [...] If the Committee has approved the request for accessing the material, the government authority shall grant access to it as soon as the ruling has been announced, unless a deferring of its legal effect has been demanded, pursuant to Art. 18. [...] | Information Commission can order document to be released. |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
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 in law, or in Administrative Code. |
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 | Partially | 2 | Article 14. Should a government authority refuse to grant access to material according to this Act, the matter may be referred to an Information Committee, which shall rule on the dispute. The same applies if a government authority refuses to furnish photocopies of documents or copies of other material. This Committee shall operate independently, and its rulings may not be referred pursuant to this Act to any other governmental authorities. | The matter may be referred to an Information Committee, which shall rule on the dispute. The same applies if a government authority refuses to furnish photocopies of documents or copies of other material. This Committee shall operate independently, and its rulings may not be referred pursuant to this Act to any other governmental authorities. |
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 | YES | 2 | Article 27. When access is granted to information from public files pursuant to the third paragraph of Art. 3 or the provisions of special acts, the government authority shall be authorised to stipulate that reusing the information will be subject to licence and will have to fulfil specific requirements, such as the quality or updating of data. Consistency and equality shall be ensured when formulating such requirements, which must not excessively restrict competition or the possibilities for reusing the information. On its website, a government authority shall display a list of the files containing information kept by the authority that it is permissible to reuse, in addition to the requirements controlling such reuse. An application for permission to reuse information from a public file shall be directed to the government authority which according to law holds responsibility for entering and processing the information in the file concerned. A public authority shall finish as quickly as possible its handling of applications for permission to reuse information from public files. If a request has not been handled within 20 days of when the application was received, the reasons for the delay and the time when the decision is to be expected must be made clear. Should a government authority refuse to grant permission for reusing information on the grounds of item 2 of the fourth paragraph of Art. 24, the name of the rights holder or her/his agent must be specified. It is permissible to charge for providing access to information from public files, pursuant to the third and fourth paragraphs of Art. 12. The public authority concerned shall establish a schedule of fees, to be confirmed by the Minister. The schedule of fees shall be advertised in Section B of the Law and Ministerial Gazette, as well as being accessible on the government authority's website. No more must be paid for reusing information that comes under the provisions of this Chapter and is subject to a copyright of the State or of municipalities than what is indicated in the sixth paragraph, unless specifically dictated by law. When a government authority makes information accessible to the public on the Internet, based on an agreement with a third person who has a legally protected right to it according to the Copyright Act, the name of the rights holder must be specified. | Unless provided by law, a complaint shall be lodged within three months of the notification to a party of an administrative decision. When public notification of a decision is required by law, the time limit for lodging a complaint begins to run with effect from the first notification if there are subsequent ones. When a party asks for reasons pursuant to Article 21 the time limit for lodging a complaint begins to run only once that request has been complied with. |
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 | Not mentioned. |
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 | N/A | Not mentioned. |
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 | Article 14. Should a government authority refuse to grant access to material according to this Act, the matter may be referred to an Information Committee, which shall rule on the dispute. The same applies if a government authority refuses to furnish photocopies of documents or copies of other material. This Committee shall operate independently, and its rulings may not be referred pursuant to this Act to any other governmental authorities. | Special Information Committee created, but not mentioned whether it has duty to promote the right. |
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 | Partially | 1 | Article 22. [...] The Prime Minister is authorised, upon receiving the opinion of the director of the National Archives, to issue regulations that specify how documents are to be managed in Government administration, including what type of computer software shall be used. [...] | |
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 | NO | 0 | N/A | Not mentioned. |
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 | YES | 2 | Article 22. Governmental authorities shall be obliged to record the cases they handle in a systematic manner and to preserve case material so that it remains accessible. [...] | |
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 | NO | 0 | Article 19. The Information Committee shall publish its rulings, or summaries thereof, each year. | However, there is no mention of report on implementation of the law. |
