Mongolia
Name and date of law assessed: The Law of Mongolia on Information Transparency and Right to Information, 2011
RTI law first adopted: 2011
RTI Law last modified: 2021-12
RTI Rating last updated: 2026-10
RTI law first adopted: 2011
RTI Law last modified: 2021-12
RTI Rating last updated: 2026-10
Introduction
Overall this is a weak law. A major problem is the exceptions regime is not very clear and preserves all secrecy provisions in other laws, thereby undermining openness. Requesting procedures are also overly burdensome and there are few promotional measures. The strongest category is appeals, mostly based on the Law on the National Human Rights Commission of Mongolia (2022), https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/112042/MNG112042.pdf.| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 3 | 6 |
| 2 | Scope | 20 | 30 |
| 3 | Requesting Procedures | 15 | 30 |
| 4 | Exceptions & Refusal | 8 | 30 |
| 5 | Appeals | 24 | 30 |
| 6 | Sanctions & Protections | 1 | 8 |
| 7 | Promotional Measures | 4 | 16 |
| ∑ = 75 | ∑ = 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 | Constitution Art 16.17 The citizens of Mongolia are enjoying the following rights and freedoms: The right to seek and receive information except that which the state and its bodies are legally bound to protect as secret. In order to protect human rights, dignity, and reputation of persons and to ensure national defense, security, and public order, the information which is not subject to disclosure must be classified and protected by law. | Link to translation 1 and translation 2. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | Partially | 1 | 13.1.Individual or legal entity may address to the website and obtain information by submitting a request for information, or without making a request for access information posted electronically, openly and transparently. | Weak way of creating a right but worth one point. |
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 | 1.1.The purpose of this law is to ensure the right of citizens to seek and receive information in accordance with the grounds and procedures outlined in the law, and to establish the legal basis of public information infrastructure, conduct state activities in an electronic form by creating a public information system, and to establish public supervision over government activities. 5.Principles of Public Information Operation 5.1. In addition to the second part of Article One of the Constitution of Mongolia, the following principles shall be followed in the public information operation: 5.1.1.the rights and legal interests of person or legal entity are respected; 5.1.2.information is transparent and open, unless otherwise specified by law; 5.1.3.activities to provide information and services are quick and easy; 5.1.4.information and services are clear, accurate and complete; | These all refer only to internal benefits and no rule on interpretation. |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | 5.1.5. person or legal entity has equal rights in an activity of using public information; 13.1. Individual or legal entity may address to the website and obtain information by submitting a request for information, or without making a request for access information posted electronically, openly and transparently. | Legal entities; "individual" suggests non-citizens also |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 4.1.8."public information" means a set of data collected, processed, and used by public information respondent within the scope of his/her duties stipulated by law; | Limited to information covered in scope of duties. |
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 | 4.1.8."public information" means a set of data collected, processed, and used by public information respondent within the scope of his/her duties stipulated by law; 13.1. Individual or legal entity may address to the website and obtain information by submitting a request for information, or without making a request for access information posted electronically, openly and transparently. | Not clear it covers both information and documents |
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 | 6 | 6.1.The following organizations shall be a public information respondent /hereinafter referred to as "information respondent": 6.1.1.state organization; … 6.1.3.entity performing certain functions of a government organization on the basis of law or contract; | "state organization" entities performing public functions by law or contract seems broad but it is not clear that this would cover every entity which was controlled by a public authority. |
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 | 6.1.The following organizations shall be a public information respondent /hereinafter referred to as "information respondent": 6.1.1.state organization; | The Constitution refers to the legislature as an organ of State power so probably covered |
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 | 6.1.The following organizations shall be a public information respondent /hereinafter referred to as "information respondent": 6.1.1.state organization;… | Judicial organ is different than state organ so probably not included in this |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 6.1.The following organizations shall be a public information respondent /hereinafter referred to as "information respondent": . . . 6.1.2.state owned or local owned, state and local partially owned private legal entity; | Owned by, but controlled by not mentioned, for example where only part ownership gave control |
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 | 6.1.The following organizations shall be a public information respondent /hereinafter referred to as "information respondent": 6.1.1.state organization;… | Probably covered |
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 | 6.1.The following organizations shall be a public information respondent /hereinafter referred to as "information respondent": … 6.1.3.entity performing certain functions of a government organization on the basis of law or contract; … 6.1.5.political party. | functions yes; funding not mentioned explicitly and, even if most cases would be covered by contracts, this is limited to public functions |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | Partially | 1 | 13.4. The following information shall be included in the written request: 13.4.3. purpose of obtaining information and the consent of an owner of information in case of obtaining restricted information; 14.1. The applicant shall have the following rights to obtain information: 14.1.2. not to explain the purpose and reason for obtaining information when obtaining open information | Need to provide reasons for restricted information but not for open information. One point given but since requester may not know which category the information fell into, in practice this is not a very helpful approach |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | NO | 0 | 13.4. The following information shall be included in the written request: 13.4.1.name, surname /father/mother's name/ if an applicant is an individual, and/or name of a legal entity if an applicant is a legal entity; 13.4.2.residential address, postal address, and contact telephone number of an applicant; 13.4.3.purpose of obtaining information and the consent of an owner of information in case of obtaining restricted information; 13.4.4.content of information and form of receiving information. | Need to give name, address, telephone number |
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 | 13.1.Individual or legal entity may address to the website and obtain information by submitting a request for information, or without making a request for access information posted electronically, openly and transparently. 13.2.Requests for open information shall be made verbally or in writing, and requests for restricted information shall be made in writing. 13.3.Requests made on paper or in electronic form according to the law shall be considered as written requests.13.5.A request to be issued in paper form shall be signed by a person, and in the case of a legal entity, an entity authorized to represent the legal entity shall sign and stamp for confirmation. 13.6.A request submitted in electronic form by a person or legal entity shall enable to identify the person or legal entity in accordance with the procedures specified in the law. 13.7.If an applicant is unable to sign the application by excuse reasons, his/her legal representative shall sign thereon. 13.8.If a request is submitted jointly by citizens, all the applicants shall sign, or their representatives shall sign and documents proving their representation shall be attached thereto. 13.9.Requirements other than those stipulated by law shall not be specified in the request. | No official form and can submit orally or in writing, including electronically, which is positive. Signature requirement and requirement to submit consent of information owner for restricted information are unfortunate and the latter creates some confusion given the parallel procedures for this in Article 9 (for information respondent or holder) |
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 | 15.3. If the requirements set forth in Article 13 of this Law are not satisfied, or if the request is re-applied for the previous feedback, or if the information mentioned in the request is not available or cannot be transferred to the relevant authority, the request may be returned and the related grounds shall be clearly described. | Not really mentioned but where the requester did not formulate the request correctly there is at least a requirement to describe the grounds. Very weak form of assistance but one point allocated. |
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 | 13.2.Requests for open information shall be made verbally or in writing, and requests for restricted information shall be made in writing. 13.3.Requests made on paper or in electronic form according to the law shall be considered as written requests. 13.7. If an applicant is unable to sign the application by excuse reasons, his/her legal representative shall sign thereon. | Not really mentioned but at least verbal requests are allowed for requests for open information. Not enough for a point, though, especially since requiring a legal representative to sign if a person can't sign could be a barrier. |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 15.1.The information respondent shall receive a request for information, keep a record, and review whether the requirements specified in Article 13 of this law are satisfied, and shall make one of the following decisions: 15.1.2. transfer a request to the relevant information respondent; | Requirement to transfer request but only explicitly required to notify if can't transfer (15.3), so loses 1 point |
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 | 14.1. The applicant shall have the following rights to obtain information: 14.1.1. to choose the form of receiving information;; 15.5. Information may be provided verbally, in writing, electronically, or in other forms that do not violate the law, and if person or legal entity desire, they may be personally presented with the information. 17.1. Unless otherwise provided by law, the information respondent shall undertake the following obligations to ensure the right of person or legal entity to obtain information::..17.1.6. to resolve the request for information and give a reply in the form chosen by the requester | |
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 | 15.6.Unless otherwise specified in the law, the information respondent receiving the request shall provide the information within the following term: 15.6.1.immediately after receiving the request for information that can be provided directly; | |
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 | 15.6.Unless otherwise specified in the law, the information respondent receiving the request shall provide the information within the following term: 15.6.1.immediately after receiving the request for information that can be provided directly; 15.6.2.within five working days after receiving a request for information other than that specified in Article 15.6.1 of this law. | 5 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 | 15.7.In consideration of the scope of the information and the time required to prepare the information, an authorized official of the information respondent may extend time specified in Article 15.6 of this law up to 10 working days. | 10 day extension but no requirement to notify requester |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | 16.1.Unless otherwise provided by law, when obtaining information in paper form, a person or legal entity shall pay the expenses incurred in connection with provision of information. 16.2.Costs specified in Clause 16.1 of this Law shall not exceed the direct costs of copying and mailing related to provision of information. 16.3.Unless otherwise specified in the law, a person or legal entity shall not be obliged to pay the costs specified in Article 16.1 of this law for obtaining information in electronic form. | Not specified but given 16.3 can be assumed |
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 | 16.1.Unless otherwise provided by law, when obtaining information in paper form, a person or legal entity shall pay the expenses incurred in connection with provision of information. 16.2.Costs specified in Clause 16.1 of this Law shall not exceed the direct costs of copying and mailing related to provision of information. 16.3.Unless otherwise specified in the law, a person or legal entity shall not be obliged to pay the costs specified in Article 16.1 of this law for obtaining information in electronic form. 16.4.In accordance with this law, the information respondent shall determine an amount of expenses specified in Article 16.1 of this law, and the government shall approve the methodology for calculating expenses and the procedure for paying, discounting, and exempting expenses. 16.5.The payment of expenses specified in Article 16.1 of this law shall not be doubled with other fees and charges specified in the law. | Limited to reproduction and delivery but not set centrally (the opposite although the government approves the methodology) |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | Not mentioned | n/a |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | 12.1.The information related to person or legal entity or state and official secrets of open, restricted and closed information can be processed to be non-identifiable and be made open data in order to support the economy and business, develop research and analysis work, and increase the transparency and availability of information without violating the rights and legal interests of person or legal entity and in consideration of their demands and needs. 14.1. The applicant shall have the following rights to obtain information: 14.1.7 to make a request to the relevant information respondent to make the information open data; | Some basic system for open data but not quite a proper reuse sysem. |
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 | 3.1.This law shall not regulate the relations with respect to the disclosure of information designated as state secrets by law. 7.1.Public information is classified as open, restricted and closed. 7.2.Open information is defined as information not subject to restricted or closed information that is considered to be open and transparent by the law. 7.3.Restricted information is information of which disclosure and use is restricted by law that are referred to individuals and legal entities. 7.4.Closed information is defined as state secrets and information that is considered to be closed by the law. 7.6.Any relations other than those regulated by the Law on State and Official Secrets related to state and official secrets related to closed and restricted information shall be regulated by this law. 7.7.To use the public information, except as provided by law, the right and freedom of citizens to obtain information shall not be restricted, and activities of government organizations shall be transparent and open to the public, and person or legal entity shall be able to freely obtain any information that is not restricted by law. 9.2.The following information applies to restricted information pertaining to persons and legal entities specified in Article 7.3 of this law: 9.2.4.others prescribed by law. 10.1.Closed information refers to the following information: 10.1.1.information referred to state secrets; 10.1.2.information specified in Article 12.3 of the General State Registration Law; 10.1.3.other information provided by law. | 3.1 and 7.6 ousts from the ambit of this law any information designated as a State secret. State secrets law trumps and information can be rendered closed by any other law. |
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 | 9.1.Information pertaining to official secrets shall be used in accordance with the grounds and procedures specified in the Law on State and Official Secrets. 9.2.The following information applies to restricted information pertaining to persons and legal entities specified in Article 7.3 of this law: 9.2.1.information collected in the process of investigation and resolution of crimes and violations, and execution of court decisions, unless otherwise provided by law,; 9.2.2.information collected during the state inspection or until the decision becomes effective; 9.2.3.information that may cause a danger to uniquely cultural heritage if it is kept open; 9.2.4.others prescribed by law. 9.3.Restricted information pertaining to person or legal entity other than those specified in 9.2.1 and 9.2.2 of this law shall be accessed, used, or transmitted to third parties on the grounds and procedures specified in the law, or with the consent of an owner of information. 10.1.Closed information refers to the following information: 10.1.1.information referred to state secrets; 10.1.2.information specified in Article 12.3 of the General State Registration Law; 10.1.3.other information provided by law. 10.2.Closed information shall be reviewed, used and disclosed in accordance with the grounds and procedures specified in the law. 10.3.Closed personal information shall be used in accordance with the purposes, conditions and procedures specified in the law with the consent of an owner of information. 17.1.Unless otherwise provided by law, the information respondent shall undertake the following obligations to ensure the right of person or legal entity to obtain information: 17.1.7.to give a response with grounds if the information mentioned in the request is a closed or restricted information that does not refer to the requester, .... | Not a proper exceptions regime. Seems all information is open unless in the restricted or closed categories (this is somewhat unclear in this translation but see also this translation: https://track.unodc.org/uploads/documents/BRI-legal-resources/Mongolia/22_-Law_on_Transparency_of_Public_Information.pdf). 17.1.7 also suggests information that is restricted or closed will be refused unless it relates to the requester. Overall it appears that information will be disclosed according to its classification in the open/restricted/closed categories instead of whether it falls in a defined exception. Some classes of restricted information are listed at 9.2 but this does not appear to be an exclusive list - both the "restricted" and "closed" categories can be prescribed by law. For this reason given half points. |
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 | 9.1.Information pertaining to official secrets shall be used in accordance with the grounds and procedures specified in the Law on State and Official Secrets. 9.2.The following information applies to restricted information pertaining to persons and legal entities specified in Article 7.3 of this law: 9.2.1.information collected in the process of investigation and resolution of crimes and violations, and execution of court decisions, unless otherwise provided by law,; 9.2.2.information collected during the state inspection or until the decision becomes effective; 9.2.3.information that may cause a danger to uniquely cultural heritage if it is kept open; 9.2.4.others prescribed by law. 9.3.Restricted information pertaining to person or legal entity other than those specified in 9.2.1 and 9.2.2 of this law shall be accessed, used, or transmitted to third parties on the grounds and procedures specified in the law, or with the consent of an owner of information. 10.1.Closed information refers to the following information: 10.1.1.information referred to state secrets; 10.1.2.information specified in Article 12.3 of the General State Registration Law; 10.1.3.other information provided by law. 10.2.Closed information shall be reviewed, used and disclosed in accordance with the grounds and procedures specified in the law. 10.3.Closed personal information shall be used in accordance with the purposes, conditions and procedures specified in the law with the consent of an owner of information. | Information that may cause a danger to cultural heritate is a very weak harm test but no other specified categories include harm test and as noted for Indicator 29 there is not a proper list of exceptions anyway |
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 | Not mentioned | n/a |
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 | Not mentioned. | N/A |
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 | Partially | 1 | 4.1.3 "owner of information" means a person set out in Article 4.1.5 of the Law on Protection of Personal Information, and a legal entity defined by the information; 9.6.When obtaining permission from an owner of the information, the following conditions shall be presented: 9.6.1.purpose of obtaining information; 9.6.2.name, surname /father/mother's name/ if a recipient of information is an individual, and/or name of legal entity, contact address, and contact phone number if a recipient is a legal entity; 9.6.3.name, contact address and contact phone number of information respondent; 9.6.4.list of information to be obtained, and form of obtaining information; 9.6.5.scope of information processing and use, storage period; 9.6.6.whether to disclose information; 9.6.7.whether to transmit information to others; 9.6.8.form of cancellation of permission. 9.7.An owner of information may cancel the consent at any time, and any actions of giving or transmitting information by information respondent to third party prior to the cancellation of the consent are considered legal. 9.8.Clause 9.7 of this law shall not apply to the disclosure of the non-confidential part of a tender to other participants based on the consent of a successful tenderer in order to ensure the transparency of the procurement and tender selection process of information respondent. 9.9.An owner of information shall give or cancel his/her consent in writing. 9.10.If an owner of information is a person specified in Articles 16, 17, 18, and 19 of the Civil Code, restricted information related to him/her will be provided based on the consent of his/her legal representative. 9.11.The information respondent is obliged to prove that he/she has given or transmitted the restricted information related to a person or legal entity to others based on the consent of an owner of the information. 9.12.Government organizations or other persons specified by law shall not be required a consent of an owner of information if they use restricted information for their duties in accordance with the grounds and procedures specified in the law. 9.13.If the information respondent provides or transmits information to a third party in accordance with Article 9.12 of this law, an owner of information shall be notified thereof in accordance with the procedure prescribed by law. 9.14.The information respondent shall keep a record of requests for the use of restricted information, given or transmitted information to third parties. 9.15.A person, who requested for the registration specified in 9.14 of this law, shall provide information including year, month, date, information to identify an owner of information, and year, month, date of issuance of permission, its form and confirmation, and year, month, date of submission of officer, organization or electronic identifier, the content of information obtained, the purpose of information obtained, and name, surname /father/mother's name/ if a person using the information is an individual, and/or name of legal entity, contact address, and contact phone number if a legal entity. | Third parties have veto and also informed of identifying information of requester. This is focused on a specific class of third parties; procedures for requests of other information belonging to third parties are not clear. Must be completed in 5 days so one point given for that. |
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 | 15.9.Records shall be kept reflecting information such as the year, month, day of the information provided, the name of an official who prepared a response, the form in which the information was provided, and whether the information was provided in full or in part. | Not a proper severability regime but severing does at least appear to be envisaged so one point given. |
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 | 15.3.If the requirements set forth in Article 13 of this Law are not satisfied, or if the request is re-applied for the previous feedback, or if the information mentioned in the request is not available or cannot be transferred to the relevant authority, the request may be returned and the related grounds shall be clearly described. 17.1. Unless otherwise provided by law, the information respondent shall undertake the following obligations to ensure the right of person or legal entity to obtain information: 17.1.7. to give a response with grounds if the information mentioned in the request is a closed or restricted information that does not refer to the requester, and if there is no consent of an owner of information, or if the request does not meet the requirements stipulated by law; | Yes for grounds (although could be more explicit about the precise legal grounds), no for informing of appeals |
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 | 14.1. The applicant shall have the following rights to obtain information::...14.1.6. to submit a complaint to the higher-level organization or official of information respondent, or if there is no higher-level organization or official, to the court, if it is considered that the right to receive information has been violated; | No details given regarding the procedure for an internal appeal |
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 | 14.2.If an applicant considers that his/her right to obtain information has been violated, he/she may submit a complaint to the National Human Rights Commission of Mongolia. | Appeal possible to the National Human Rights Commission |
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 | Law on the National Human Rights Commission of Mongolia 2.3. The Standing Committee of Legal Affairs shall announce about the competitive selection of Commissioners at least 60 (sixty) days before end of the tenure of Commissioner through public media organizations. 12.4. A citizen who fulfils requirements for Commissioner as provided in Article 12.2 of this Law shall submit his/her request to the Standing Committee of Legal Affairs within 30 (thirty) days after the date of announcement. 12.5. The Standing Committee of Legal Affairs shall establish working group to conduct the competitive selection within 60 (sixty) days. Working group shall nominate citizens with the highest scores in the competitive selection by numbers of empty seats of Commissioners and the Standing Committee of Legal Affairs shall discuss the nomination. 12.6. The Standing Committee of Legal Affairs shall discuss the nomination within a week and decide whether to submit its proposal to plenary session of State Great Khural to appoint him/her as Commissioner. 12.7. If majority of members of the State Great Khural was not voting for a candidate, then the competitive selection shall be conducted again within 14 (fourteen) days in accordance with procedure as provided in this Law and nominate another person's name who have highest scores among competed citizens. 12.8. If majority of members of State Great Khural was not voting for a candidate, then that citizen shall not be nominated again....12.10. In case any of Commissioners has been released, resigned from his/her official position or deceased before the expiry of the term of his/her office, the Great State Khural shall appoint replacement for that Commissioner within 60 (sixty) days from that date in accordance with this Law. 15.1. The State Great Khural shall release a Commissioner from his/her office in the following cases: 15.1.1. A Commissioner has requested to nominate his/herself as a candidate for the presidential, parliament and municipal elections; 15.1.2. A Commissioner has been appointed or elected to another official position; 15.1.3. A Commissioner has requested on his/her own because he/she becomes unable to exercise his/her powers due to health conditions or for any other excusable reasons; 15.1.4. A Commissioner has been reached the age limit in civil service if there are no other regulations. 15.2. The State Great Khural shall discuss and make a decision within a week from the date of receipt of a proposal from the competent authority on whether to suspend his/her powers, if a Commissioner has been implicated in the crime, as well as has been arrested as provided in Article 23.1 of this Law. 15.3. The State Great Khural shall restore his/her powers and adopt a resolution to that effect, on the basis of a decision by the competent authority or official, which has established that a Commissioner has not been implicated in the crime or not guilty of committing it. 15.4. The State Great Khural shall dismiss him/her from the office and adopt a resolution to that effect, if a crime, which has been proved to be committed by a Commissioner, and a final binding judgement to that effect by the Court has come into force. | This is based on the Human Rights Commission Law passed in 2020 (https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/112042/139807/F-637534554/MNG112042.pdf). |
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 | YES | 2 | Law on the National Human Rights Commission of Mongolia 6.1. National Human Rights Commission of Mongolia (hereinafter referred to as 'the Commission') shall be funded from State budget. Chief Commissioner shall plan and submit annual budget proposal to the Speaker of the State Great Khural and the proposal shall be discussed in session of the Standing Committee of Legal Affairs. Chief Commissioner shall deliver the approved budget proposal by the Standing Committee of Legal Affairs to the State's central administrative authority in charge of budget to integrate into the the State Consolidated Budget within time period described in the law. 6.2. The Commission's budget shall fulfil the requirements for the independent conduct of its activities and spend for operations to fulfil, protect human rights and freedoms, prevent from violations, deliver and promote human rights education to the public, prevention of torture and appoint experts and other financial expenditures. 10.1. The Government shall reflect the Commission's budget proposal in State Consolidated Budget in accordance with procedure as provided in Article of 6.1 and 6.2 of this Law. 38.2. The Commissioners and Commissioner on Prevention of Torture shall receive an official ranking and salary equal to that of the Member of the Government Cabinet. | |
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 | YES | 2 | Law on the National Human Rights Commission of Mongolia 12.2 A candidate for Commissioners shall be a Mongolian citizen who has reached the age of 35 (thirty-five) with following requirements:12.2.1. high legal qualification; 12.2.2 experience in human rights protection. 37.1. It shall be prohibited for the Commissioners including Commissioner on Prevention of Torture and staff of Secretariat to conduct political activities. Commissioners shall suspend his/her political party membership during the period of his/her term of office. | |
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 | YES | 2 | Law on the National Human Rights Commission of Mongolia 18.1. The Commissioners shall exercise the following powers: 18.1.1 To conduct inquiries at his/her own initiative on the basis of complaint and information with regard to violations of human rights and freedoms or at the request of citizens, organizations, officials and legal entities; 18.1.2. To get acquainted with all types of documents from any governmental organizations and officials, to copy and have necessary information and researches, with a view to conducting human rights research;... 18.2. The Commissioners may conduct inquiries following-up information on violations of human rights. 25.1. The Commissioners shall exercise the following powers during the course of inquiry into complaints: 25.1.1. To take explanations from the Complainant and relevant citizen, organization, official, legal entity, and its administration; 25.1.2. To summon the Complainant and relevant citizens; 25.1.3. To have unrestricted access to any organization, object and legal entity and to meet in person with the relevant officials; 25.1.4. To obtain without any charge the necessary evidence, official documents and information from organizations, officials and/or legal entities, and to get acquainted with them on the spot; 25.1.5. To appoint experts from the appropriate organizations in a case of necessity for the specialized knowledge, and to get their expert-opinions; 25.1.6. To conduct alone an inquiry into the activities of business entities, organizations or officials, or jointly on the basis of a proposal by the competent State authority and their officials; 25.1.7. To access the confidential data/secrets of the State, organization or individual person in accordance with procedure established by the relevant law. | |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | YES | 2 | Law on the National Human Rights Commission of Mongolia 26.1. The Commissioners shall exercise the following powers with respect to making a decision on complaints: 26.1.1. To demand or recommend organizations or officials to stop activities which violate human rights and freedoms, or which create conditions for such violations; 26.1.2. To submit claims to the courts with regard to issues of violations of human rights and freedoms by business entities, organizations, officials or individual persons to participate in person or through a representative in judicial proceedings in accordance with procedure established by the law; 26.1.3. To put forward requests to the competent authorities or officials with regard to imposing relevant sanctions on officials who, as he/she considers, have violated human rights and freedoms as provided in Article 26.1.2 of this Law; 26.1.4. To decide the issues by way of conciliation of the parties; 26.1.5. To transfer to relevant organization and official, if complaint and information are having elements of crimes or petty offences; 26.1.6. To transfer the complaint and information to competent organization, official and legal enitited mandated to resolve violations and demand the implementation of it; 28.1. Organizations, officials or legal entities shall have a obligation to realize the Demands and Recommendations of the Commissioners. 28.2. Organizations, officials or legal entities shall inform in writing with regard to measures undertaken within 30 (thirty) days if they have received demands, and within 60 (sixty) days if they have received recommendations from the Commissioners. 28.3. If there is no action following the demands of the Commissioners, then this shall legal ground to submit proposal to competent organization and official to oust the relevant official, cancel special permission of legal entity and stop their operation. 28.4. If there is no action following the recommendations of the Commissioners, then this shall legal ground to submit proposal to competent organization and official to demote the relevant official, suspend special permission of legal entity until the implementation of it, and stop their operation for a temporary period. | |
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 | Partially | 1 | Law on the National Human Rights Commission of Mongolia 26.1. The Commissioners shall exercise the following powers with respect to making a decision on complaints: 26.1.1. To demand or recommend organizations or officials to stop activities which violate human rights and freedoms, or which create conditions for such violations; 26.1.2. To submit claims to the courts with regard to issues of violations of human rights and freedoms by business entities, organizations, officials or individual persons to participate in person or through a representative in judicial proceedings in accordance with procedure established by the law; 26.1.3. To put forward requests to the competent authorities or officials with regard to imposing relevant sanctions on officials who, as he/she considers, have violated human rights and freedoms as provided in Article 26.1.2 of this Law; 26.1.4. To decide the issues by way of conciliation of the parties; 26.1.5. To transfer to relevant organization and official, if complaint and information are having elements of crimes or petty offences; 26.1.6. To transfer the complaint and information to competent organization, official and legal enitited mandated to resolve violations and demand the implementation of it; 28.1. Organizations, officials or legal entities shall have a obligation to realize the Demands and Recommendations of the Commissioners. 26.2. Commissioners shall keep in good faith the confidential data/secrets of the State, organization or individual person, which he/she came to know about during the course of conducting the official business or which has been informed to him/her in trust. 28.2. Organizations, officials or legal entities shall inform in writing with regard to measures undertaken within 30 (thirty) days if they have received demands, and within 60 (sixty) days if they have received recommendations from the Commissioners. 28.3. If there is no action following the demands of the Commissioners, then this shall legal ground to submit proposal to competent organization and official to oust the relevant official, cancel special permission of legal entity and stop their operation. 28.4. If there is no action following the recommendations of the Commissioners, then this shall legal ground to submit proposal to competent organization and official to demote the relevant official, suspend special permission of legal entity until the implementation of it, and stop their operation for a temporary period. | Not as clear as it could be that it has the specific power to order declassification especially given 26.2 |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 14.1. The applicant shall have the following rights to obtain information::...14.1.6. to submit a complaint to the higher-level organization or official of information respondent, or if there is no higher-level organization or official, to the court, if it is considered that the right to receive information has been violated; | |
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 | Law on the National Human Rights Commission of Mongolia 20.1. Citizens of Mongolia, either individually or in a group, shall have the right to lodge complaints or submit information to the Commission in accordance with this Law, in case of violations of human rights and freedoms, guaranteed in the Constitution of Mongolia, laws and international treaties of Mongolia. 20.2. Unless otherwise provided in laws and international treaties of Mongolia, foreign citizens and/or stateless persons who are residing in the territory of Mongolia, shall exercise the same right to lodge complaints to the Commission on equal footing as the citizens of Mongolia. 20.3. Children or persons, who do not have full civil law capacity or have some limited or partial capacity may lodge complaints on his/her own or through representation of their legitimate representatives, parents, caretakers and/or guardians. ... 21.1. Complaints and information shall be lodged in writing in Mongolian language or verbally in person. Persons, who do not know Mongolian language, may lodge complaints in their mother tongue and their complaints must be translated into Mongolian language and duly certified in accordance with procedure provided for it. 21.2. Complaints and information lodged verbally in person shall annexed with the note and signed by complainant or informant. If complainant or informant is illiterate or having other reasons to reconsider, then it shall be written in the note and receive the complaint or information. 21.3. Complaint and information may be lodged through official e-mail address of the Commission or hotline phone number. 22.1. Complaints shall reflect the following items: 22.1.1. A Complainant must indicate, which rights and freedoms guaranteed in the Constitution of Mongolia, laws and international treaties of Mongolia, have been violated; 22.1.2. The Complainant must write his/her own name, residential or postal address, and has signed it; 22.1.3. The Complainant must specify violations of rights and freedoms and incidents occurred and annex relevant evidences; write his/her own name, residential or postal address, and has signed it | Given protections for illiterate persons and children seems safe to assume |
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 | 14.2.If an applicant considers that his/her right to obtain information has been violated, he/she may submit a complaint to the National Human Rights Commission of Mongolia. | Appears broad. Potentially dependent on the interpretation of the scope of the right which is not articulated broadly in the Law on Transparency of Public Information, but it is a constitutional right so full points probably appropriate |
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 | Law on the National Human Rights Commission of Mongolia 23.2. The Commission shall resolve within 30 (thirty) days from the date of receipt of a complaint, and if there is need for additional research and inquiry required, the Chief Commissioner may extend it up to 60 (sixty) days. | Clear timelines but no procedures |
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 | Not mentioned | n/a |
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 | Law on the National Human Rights Commission of Mongolia 26.1. The Commissioners shall exercise the following powers with respect to making a decision on complaints: 26.1.1. To demand or recommend organizations or officials to stop activities which violate human rights and freedoms, or which create conditions for such violations; ...28.1. Organizations, officials or legal entities shall have a obligation to realize the Demands and Recommendations of the Commissioners. | Powers framed fairly broadly and appear to encompass this but not as clear as it could be |
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 | 11.2.Public information shall not be deleted except as specified in Article 11.1 of this law. 36.1.If the act of an official who violates this law is not criminal, he or she shall be liable as provided in the Civil Service Law, or Labor Law. 36.2.Any person or legal entity that violates this law shall be charged with the liabilityy specified in the Criminal Law or the Infringement Law. | Unclear the extent to which this would cover violation of right to information duties |
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 | Not mentioned | n/a |
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 | Law on the National Human Rights Commission of Mongolia 39.1. If Commissioners and Commissioner on Prevention of Torture has been arrested in a criminal act or on the site of crime with all implicating evidence, it shall be reported by the relevant official to the Speaker of the State Great Khural within the following 24 (twenty four) hours. In all other cases it shall be prohibited to detain, imprison or impose administrative sanctions by way of a judicial process on the Commissioners and Commissioner on Prevention of Torture, and to conduct the search of his/her home, office room and body | Some immunity for Commissioners but if disclosing information is a crime and clear evidence of it, a good faith disclosure (for example) could fall into this category |
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 | Not mentioned | Mongolia does not have a whistleblower law |
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 | Partially | 1 | 17.1.Unless otherwise provided by law, the information respondent shall undertake the following obligations to ensure the right of person or legal entity to obtain information: 17.1.1.to publicize a meeting place and time schedule for receiving requests; | Must set up some sort of facility but no mention of information officers. |
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 | Not mentioned | Some central structures tasked with implementation of open data, etc., but no specific promotional mandate for RTI. |
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 | Partially | 1 | 32.1.The state central administrative body in charge of digital development and telecommunication issues shall perform the following functions: ...32.1.18.to publicize public information infrastructure, government digital operations and open data to the public, and to organize events and trainings to raise awareness of civil communications and information technology; | More about open data so 1 point is generous |
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 | 6.2.An information respondent is responsible for collecting, processing and using public information, and ensuring management, organization and security of information, and taking other necessary measures within the scope of his/her duties stipulated by the law. | Very general obligations in this area rather than a proper system. |
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 | 12.6. The government shall determine a list of open data and the period of publication of open data. 32.1. The state central administrative body in charge of digital development and telecommunication issues shall perform the following functions: 32.1.11.to maintain records of basic and specialized databases and open data; | Only clearly required for open data; not enough for points |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned | n/a |
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 | Partially | 1 | 17.1. Unless otherwise provided by law, the information respondent shall undertake the following obligations to ensure the right of person or legal entity to obtain information:...17.1.8. to report actions to the higher authority on annual basis that are taken to ensure the fulfillment of this law; | Somewhat vague and no specific requirement to report statistics |
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 | Not mentioned | n/a |
