Israel
Name of law: Freedom of Information Law
First adopted: 1998
Last modified: n/a
RTI Rating last updated: n/a
First adopted: 1998
Last modified: n/a
RTI Rating last updated: n/a
Introduction
Israel’s right to information law is middling in terms of the global RTI ranking. One of the more interesting parts of this analysis dealt with Israel's unique constitutional structure and whether or not Israel constitutionally recognizes a right to information. Although Israel's Supreme Court has recognized the right to information within its general of the right to free speech, freedom of expression itself is not protected under Israel's Basic Laws. Although the constitutional question is an interesting feature, Israel's low score is more attributable to its overbearing exceptions regime and the law’s complete lack of any independent administrative oversight body for an external appeal. Although it has been argued that Israel's robust judicial appeals mechanism mitigates this deficiency, the judiciary is not a proper substitute for a specialised administrative process.
The law is also available in its Hebrew original here.
Local Expert: Roy Peled
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 4 | 6 |
| 2 | Scope | 23 | 30 |
| 3 | Requesting Procedures | 20 | 30 |
| 4 | Exceptions & Refusal | 15 | 30 |
| 5 | Appeals | 10 | 30 |
| 6 | Sanctions & Protections | 4 | 8 |
| 7 | Promotional Measures | 4 | 16 |
| ∑ = 80 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | Partially | 1 | N/A | Israel does not have a constitution, however the Supreme Court recognized that the right to information is found within the right to free expression. Free expression is itself not protected under Israel's "Basic Laws", but is judicially recognized as a fundamental right, which apparently has quasi-constitutional status. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | Partially | 2 | 1. Every Israeli citizen and resident has the right to obtain information from a public authority, according to the stipulations of this law. | |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | Partially | 1 | N/A | Not in the law - contained in the paragraphs accompanying the law. |
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 | 1. Every Israeli citizen and resident has the right to obtain information from a public authority, according to the stipulations of this law. 2. The following definitions apply to this law: [...] "Resident" as defined in Section 1 of the Population Registration Law (5725-1965), or a corporation incorporated under Israeli law. | 1. applies to citizens and residents, definition in 2 includes corporations. |
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 | 2. The following definitions apply to this law: [...] "Information" - Any information in the possession of a public authority, whether written, recorded, filmed, photographed, or computerized; [...] | Article 2 definition of information. |
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 | N/A | The Law to improve administration procedures (decisions and explanations) from 1954 orders any public body to reply within 45 days to any request or written appeal from a citizen, and this normally includes questions) - and according to our experts this includes a requirement to compile information, if need be. |
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 | 14(4) The stipulations of this law shall not apply to information given by the public authority to the State Archives, under the Archives Law (5715-1955). | Presidency and government ministries are covered along with their supporting agencies, as are local authorities. 14(4) - doesn't apply to the archives, though access to archives material is governed under separate legislation (Archives Law). 14(1)(1) - blanket exemption for the armed forces and intelligence services. 14(1)(6) - blanket exemption for the Atomic Energy Agency. 14(1)(11) - Blanket exemption for Israeli prisons.material is governed under separate legislation (Archives Law). |
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 | 2. The following definitions apply to this law: "Joint committee" - A joint committee of the Knesset Constitution, Law, and Justice Committee and the Knesset Foreign Affairs and Defense Committee; [...] "Public authority" - [...] (3) The Knesset; [...] (10) Any other agency fulfilling a public function, which is a controlled agency as defined in Section 9 of the State Comptroller Law (5718-1958), as determined by the Minister of Justice, with the approval of the Knesset Constitution, Law, and Justice Committee; such a ruling may apply either to all the activities of the agency, or only to certain activities; [...] | Article 2 definition includes the Knesset. |
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 | Partially | 2 | N/A | Includes Courts, but excludes information in the context of a judicial proceeding. |
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 | 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 | YES | 2 | N/A | Yes - expansive definition. |
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 | N/A | Minister can apply it to these bodies, and has for some such bodies, but not all. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | NO | 2 | 7(1) A request for information shall submitted in writing to the person responsible, or to the person authorized by the person responsible; the applicant (person making the request) shall not be required to state the reason for his request. | |
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 | N/A | Not required according to the legal framework. |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | N/A | 7(a) of the Freedom of Information Act requires only that an information request must be submitted in writing and does not require the applicant to provide a reason for the request or to state that the request is under the Freedom of Information Act. The request may be submitted by any means of communications (letter, e-mail. Fax). |
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 | Partially | 1 | N/A | Procedure number 8 of the Freedom of Information Act obliges freedom of information officers in the government to contact requesters in case that their request is to broad and therefore might be declined, and offer them to reduce their request to a measure that can be handled by the authority. |
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 | Partially | 1 | 7(5) The information shall be made available to the applicant in the form it is kept by the public authority. The public authority is not obliged to process the information according to the needs of the applicant; if the information is computerized, it shall be produced for the applicant through the means customarily used by the authority. | |
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 | YES | 2 | N/A | Expert says this is part of Israel's administrative system. |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 8. A public authority is entitled to reject a request for information in any of the following cases: [...] (5) The information was created by a different public authority, and referring the applicant to that public authority does not make obtaining the information an unreasonable burden; in rejecting a request under the stipulations of this paragraph, the public authority shall refer the applicant to the public authority where the information was created. | 8(5) mandates referral, but not transfers. |
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 | NO | 0 | 7(5) The information shall be made available to the applicant in the form it is kept by the public authority. The public authority is not obliged to process the information according to the needs of the applicant; if the information is computerized, it shall be produced for the applicant through the means customarily used by the authority. | |
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 | 7(2) The public authority shall notify the applicant without delay [...] | |
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 | Partially | 1 | 7(2) The public authority shall notify the applicant without delay, and within 30 days of receiving the request, of its decision concerning his request; [...] | 30 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 | 7(2) The public authority shall notify the applicant without delay, and within 30 days of receiving the request, of its decision concerning his request; the head of the public authority, or a person authorized by him for the purpose, is entitled to extend this period by a further 30 days, if necessary, provided that he notifies the applicant in writing, explaining the need for the additional period. 7(3) The head of the public authority is entitled to further extend the period mentioned in sub-section (B), in a fully annotated decision sent to the applicant within the above-mentioned period, whether because of the extent or complexity of the requested information. The additional extension shall not exceed the obligatory period for the above-mentioned reasons, and in any event shall not exceed 60 days. | Yes to notification - 7(2). But 7(3) provides for a second extension of another 60 days - which is too long. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | NO | 0 | 18(1) The Minister of Justice, with the approval of the Knesset Constitution, Law, and Justice Committee, shall institute regulations setting fees for information requests, and for the actions involved in locating the requested information, and providing it under this law; the various types of information and requesting parties shall be taken into account in setting the fees. | |
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 | N/A | Fees are centrally set. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | YES | 2 | N/A | 6(c) to the Regulations of the Freedom of Information Act (secondary legislation) states that requesters who receive payments from social services (pension under the Income Support act, disability pension and more) are entitled to request fee waiver and to four additional hours of production and examination time. |
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 | N/A | No authority is entitled to put any limitation or restrictions on how the information received will be reused if not protected by copyright. |
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 | 9(1) A public authority shall not provide information in any of the following cases: [...] (4) Information, the disclosure of which is barred by any law. | Information blocked by any other law is cited under exceptions 9(1)(4). |
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 | 5 | 8. A public authority is entitled to reject a request for information in any of the following cases: (1) Fulfilling the request requires an unreasonable allocation of resources; (2) The information was created or obtained by the public authority more than seven years before the request was filed, and locating the information is materially difficult; [...] 9(2) A public authority is not obliged to provide information in any of the following categories: (1) Information, the disclosure of which is liable to disrupt the proper functioning of the public authority, or its ability to carry out its duties; (2) Information concerning policy still being formed; (3) Information concerning negotiations with a concern or person outside the authority; (4) Information concerning internal discussions; notes of internal consultations between public authority employees, members, or advisors; words spoken in the course of an internal inquiry; opinions, drafts, advice, and recommendations given for purposes of decision-making, except for consultations established by law; (5) Information concerning internal management of the public authority, which does not concern the public, and is not importance to it; (6) Information to which commercial or professional confidentiality applies, or which has economic value, when the publication of the information is liable to cause real harm to its value; information concerning commercial or professional matters linked with a person's business, the disclosure of which is liable to cause real harm to his professional, commercial, or economic interests, except for information that is (a) information about materials emitted, spilled, removed, or discharged into the environment, or (b) results of noise, odour, or radioactive measurements not conducted on private property. (7) Information obtained by the public authority on condition of confidentiality, or that the disclosure of which is liable to jeopardize the obtaining of further information; (8) Information concerning the work methods and procedures of a public authority engaged in enforcing the law, or which has legal authority to investigate, supervise, or clarify complaints, if disclosure of the information is liable to (a) harm action to enforce, supervise, or clarify complaints made to the authority, or (b) harm investigative or legal processes, or the right of a person to a fair trial, or (c) cause the disclosure, or possibly lead to the disclosure, of the existence or identity of a confidential information source; (9) Information concerning the disciplinary affairs of a public authority employee, excepting information involving public processes stipulated by law; for purposes of this paragraph, "employee" includes a soldier, policeman, prison guard, or jobholder in the public authority; (10) Information, the disclosure of which will affect the privacy of a deceased person. 14(2) The Minister of Justice is entitled, in consultation with the minister involved in the matter, and with the approval of the Knesset Constitution, Law, and Justice Committee or its subcommittee, to issue an order adding an agency or topic to the list of agencies in sub-section (A); the validity of this order shall be for a period to be determined, which shall not exceed six months, unless the order was previously canceled; if the order specifies a period of less than six months, the Minister of Justice is entitled to extend the order, provided that the total period does not exceed six months. (3) The Minister of Justice is entitled, with the approval of the Knesset Constitution, Law, and Justice Committee, to determine by order that this law shall not apply to a corporation, as delineated in sub-paragraphs (7) and (8) of the definition of a public authority in this section, while taking due notice of the degree of harm liable to be caused to the economic or business activity of the corporation; such an order shall be given for a corporation controlled by a local authority, following consultation with the Minister of the Interior, or for another corporation, after consultation with the minister responsible for the law under which the corporation was founded. 15(2) The joint committee is entitled to determine that an order approved by it under Sections 9 or 14 shall not be published in the Official Gazette of the Israeli government, either all or in part. | 8(a) - Unreasonable allocation of resources. 8(b) - Locating the material is too difficult. 9(b) - info that will disrupt function of the authority (these three together cost a point for being overly broad - any one would suffice). 9(b)(3) - Negotiations with a person outside the authority (also too broad). Internal management issues of the authority which don\'t concern the public. 14(b) - any other agency the Minister of Justice decides to exempt. 14(c) - any corporation excluded by the minister of justice. 15(b) - Joint committee decisions regarding what information is to be excluded. |
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 | Partially | 3 | 9(1) A public authority shall not provide information in any of the following cases: [...] (2) Information on matters regarding which the Minister of Defence, for reasons of preserving state security, has specified in an order, with the approval of the joint committee; [...] | 9(1)(2) - information where the Minister of Defence issues as order against disclosure. |
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 | 2 | 10. In considering a refusal to provide information under this law, based on the provisions of Section 8 and 9, the public authority will take into account, among other things, the interest of the applicant in the information, if cited in the request, and the public interest in the disclosure of the information, for reasons of maintaining public health, security, or the environment. | 10 - The body is required to consider the public interest in coming to their decision. Gave 2 points instead of 1 because apparently this override is considered quite strongly by the Courts. |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | No sunset clauses. |
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 | YES | 2 | 13(1) If the information requested includes particulars about a third party, the disclosure of which is liable to harm the third party, and the authority is considering providing the requested information to the applicant, the authority shall notify the third party in writing that such a request has been filed, and of the third party's right to oppose the disclosure of the information, and will also inform the applicant that this has been done; if a person has received this notification, he is entitled within 21 days to notify the authority of his opposition to the request, giving as his grounds that under the stipulations of Section 9, or under the stipulations of any law, the information should not be provided. These 21 days shall not be counted as a part of the time periods mentioned in Section 7. (2) If the public authority decides to reject the third party's objection, it will provide him with its annotated decision in writing, and inform him of his right under this law to appeal this decision. (3) Regardless of the provisions in Section 7(b), the authority shall not provide the information to the applicant before the period for filing an appeal has passed, or before it is decided to reject the appeal, whichever is relevant, unless the objecting third party provides written notification of a waiver of his right to file such an appeal. | |
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 | Partially | 1 | 11. If the public authority is entitled or obliged not to provide the requested information under Section 9 above, and omitting particulars, changing the information, or imposing conditions on how it is received and used, make it possible to disclose the information without an unreasonable allocation of resources, or placing a heavy burden on the authority's activity, the authority shall provide the information with such omissions, changes, or compulsory conditions, as are required; if such omissions or changes have been made, the authority shall make note of them to the applicant, unless this fact must not be disclosed for reasons listed in Section 9(a)(1). | 11 - but this is only done if it won't require too many resources. |
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 | 7(6) In the event that the public authority decides to reject the request, whether completely or partially, the applicant shall be notified in writing, including an explanation listing the reasons for the decision, and shall inform the applicant of his right to appeal the decision, under the instructions of Section 17. | |
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 | Partially | 1 | N/A | See Decision 2950, which established the Freedom of Information Unit. |
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 | N/A | Not mentioned. |
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 | Not mentioned. |
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 | NO | 0 | N/A | Not mentioned. |
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 | Not mentioned. |
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 | 17(1) When a request for information under this law is rejected, or when a public authority has rejected the objection by a third party under Section 13, the person making the request or the third party, whichever is relevant, is entitled to file an appeal to the Administrative Court within 30 days of being notified of the decision; however, if the requested information has been certified as classified under Section 44 of the Evidence Ordinance (New Version 5731-1971), the Supreme Court shall hear the appeal. (2) In hearing the appeal, except for an appeal of a rejected request under Section 8, the court is entitled to obtain access and read all the requested information; the court is entitled, for reasons listed in Section 9, to hear pleading from the public authority's legal representative behind closed doors, without the presence of the appellant or his legal representative. (3) The court shall not order giving information that is liable to harm the rights of a third party, unless the third party has been given an opportunity to voice his objections, in a manner to be determined. (4) Despite the stipulations of Section 9, the court is entitled to order that all or part of the information be provided, under terms to be determined, when, in the court's opinion, there is a public interest in the disclosure of the information that takes precedence over the grounds for rejecting the request, provided that disclosure of the information is not forbidden by law. (5) If the court decides as stipulated in sub-sections (b) or (d) above, it shall state the grounds for its decision. | |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 3 | N/A | 3 points - grounds for judicial appeal are quite broad according to expert. |
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 | Partially | 1 | N/A | Expert - clear procedure for judicial appeals yes, timelines no. |
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 | N/A | Expert - in judicial proceedings this is generally the case, though the app does have to demonstrate a public interest if basing their claim on that override. |
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 | Partially | 1 | N/A | A point for Decision 2950, as well as the Transparency Committee. |
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 | YES | 2 | N/A | Yes - through the Courts. |
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 | Partially | 1 | N/A | According to Tort Act, civil servants, including employees of the Freedom of Information unit and freedom of information officers, are protected from any tort lawsuits on acts undertaken in good faith in the exercise or performance of any power. No criminal protections however. |
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 | Partially | 1 | N/A | Whistleblower Act - though this is not as strong as it should be. |
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 | 3. The head of a public authority shall appoint an employee of the authority to be responsible for providing information to the public, for handling requests for information, and for applying the instructions of this law. | |
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 | 19. The Minister of Justice is responsible for implementing this law, and is entitled to institute regulations for its implementation, with the approval of the Knesset Constitution, Law, and Justice Committee. | 19 tasks the Ministry of Justice with overseeing the la''s implementation - but not with promoting access to information. |
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 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | NO | 0 | 4(1) The government shall make available to the public, in a place and manner to be determined under the regulations, the list of public authorities, as stated in paragraphs (1) and (8) of the definition of "public authority"; the list shall include a summary of the functions of each public authority, and the means of contacting the person responsible, and other means of obtaining information in the possession of the authority, as used by that authority. (2) A local authority shall make available to the public, in a place and manner to be determined under the regulations, the particulars listed in sub-section (a) concerning itself and for the corporations under its control to which this law applies. 6(1) A public authority shall provide for public perusal the written administrative guidelines under which it operates, and which affect, or are of importance to, the public. (2) The instructions in Section 9 shall apply, with the necessary changes, to the providing for public perusal of the administrative guidelines, according to this section. (3) A local authority shall provide access to its bylaws for public perusal. | 4 mandates publication of basic information, and 6 requires publication of by laws, but there's nothing like a comprehensive list. |
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 | 5(1) A public authority shall publish an annual report, which shall include information about its activities and responsibilities, and an explanation of its functions and domain of responsibility; the report shall include a report by the person responsible on the implementation of this law in the public authority; he is entitled, however, to publish this report separately. (2) The Minister of Justice, with the approval of the Knesset Constitution, Law, and Justice Committee, is entitled to determine for a specific public authority, as stated in paragraphs (1) and (6)-(10) defining a "public authority", or for certain types of public authority, a different period for publishing the report. (3) The regulation governing the format of the report and the manner of its publication shall be determined in the regulations. | |
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 | N/A | Not mentioned. |
