Mozambique
Name of law: Right to Information Law
First adopted: 2014
Last modified: n/a
RTI Rating last updated: n/a
First adopted: 2014
Last modified: n/a
RTI Rating last updated: n/a
Introduction
Despite the state’s strong recognition of the right to information, as evidenced by its constitutionalisation, Mozambique’s legal framework rated poorly by the methodology due to several key flaws and legislative gaps. The efficacy of the law is restricted by its rather narrow scope, which only applies to executive administration. This restrictive issue is further complicated by a rather non-compliant exceptions regime that includes several broad exemptions that, for the most part, are not harm-tested or subject to a proper public interest override. The most influential flaw, however, is the complete lack of an administrative oversight body for external reconsideration of refused requests.
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 6 | 6 |
| 2 | Scope | 17 | 30 |
| 3 | Requesting Procedures | 16 | 30 |
| 4 | Exceptions & Refusal | 9 | 30 |
| 5 | Appeals | 5 | 30 |
| 6 | Sanctions & Protections | 3 | 8 |
| 7 | Promotional Measures | 4 | 16 |
| ∑ = 60 | ∑ = 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 of the Republic of Mozambique Article 48 Freedom of Expression and Information 1. All citizens shall have the right to freedom of expression and to freedom of the press, as well as the right to information. 6. The exercise of the rights and freedoms provided for in this article shall be governed by law on the basis of the imperative respect for the Constitution and for the dignity of the human person. | English; Portuguese. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | YES | 2 | Right to Information Law ARTIGO 6 (Principle of widest disclosure) 1. Public and private entities addressed by the present law shall make available all public information in their possession, publishing them through the different means permitted by the law, to make them more accessible for the citizens, without any prejudices for the exceptions expressly provided by the present law and every other applicable law. ARTIGO 8 (Principle of democratic participation) The (democratic and permanent) citizens participation in public life assume the access to public interest information, so that the citizen may express judgment and opinion concerning the management of public affairs, and influence the decision-making process of the entities exercising public authority. ARTIGO 10 (Principle of open Public Administration) 1. Public authorities shall maintain the availability of the archives, except for the exceptions provided by the law. ARTIGO 13 (RTI) The exercise of the RTI is to request, search, consult, receive and divulgate public interest information possessed by the entities defined in the art. 3 of the present 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 | YES | 2 | ARTIGO I (Purpose) The present law regulate the exercise of the RTI, in order to make effective the constitutional democratic principle of the (democratic and permanent) citizens participation in public life and to guarantee the Fundamental Rights related. ARTIGO 4 (Principles) 2. The exercise of the RTI is ruled by the following principles: a) respect of human dignity; b) widest disclosure of information; c) public interest; d) transparency in the work of both public and private entities; e) permanent accountability to the citizens; f) open public administration; g) prohibition of unlimited exceptions; h) promotion of the exercise of citizenship; i) (democratic and permanent) citizens participation in public life; j) simplicity and celerity of legal and regulatory procedures; k) respect of classified information. Right to Information Law Regulation ARTIGO 4 (Principles) 1. The principles established by the RTI Law represent official interpretation and integration of all rules on the right to information. 2. In case of contradiction between different interpretation of the same rule of the RTI Law and the present Regulation, the interpretation which appear more appropriate in relation to the principle of the RTI Law prevails. ARTIGO 26 (Restrictions and limits) The concrete application of restrictions and limits to the right to information has to be necessary and proportional to the protected interest in all situations, and in case of doubts the right to information prevails. | Right to Information Law, Right to Information Law Regulation |
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 | ARTIGO 14 (Legitimacy) 1. Every citizen has the right to request and to receive information of public interest. 2. The right in the previous number may also be exercised by legal persons and by the media. | Only citizens but also legal bodies |
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 | Glossary Information Indicate knowledge, statistics, reports and other forms and ways of expression, whether written down or codified, including books, magnetic tapes, videos, electronic digitations contained in every register kept by the public or private entities, as in the present law, regardless of their form, the way of archiving in documents bands electronic files and any other permitted by the law, their public or private source, the date of their production. | Information and records defined broadly |
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 | Glossary Information Indicate knowledge, statistics, reports and other forms and ways of expression, whether written down or codified, including books, magnetic tapes, videos, electronic digitations contained in every register kept by the public or private entities, as in the present law, regardless of their form, the way of archiving in documents bands electronic files and any other permitted by the law, their public or private source, the date of their production. | \"whether written down or not\" |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | ARTIGO 3 (Scope) The present law applies to the organs and institutions of the Country, of the direct and indirect administration, to the representations abroad, to local autarchies, as well as to the private entity which, under the law or under agreement, achieve activities of public interest, or which benefit of public resources of any origin in their activities and are in possession of public interest information. Right to Information Law Regulation ARTIGO 2 (Scope) 1.The present Regulation applies to the organs and institutions of the Country, of the direct and indirect administration, to the representations abroad, to local autarchies, as well as to the private entities which, under the law or under agreement, achieve activities of public interest, or which benefit of public resources of any origin in their activities and are in possession of public interest information. 2. For the purpose of the previous number are entrusted with the duty of providing information the private entities which: a) As concluded the an administrative contract, of any nature, with any public authority of direct, indirect or autarchic administration; b) Are bounded by public-private partnership contract; c) Benefits of the (special) status of public utility; d) Are financed by the State or by any public authority which enjoys of administrative and financial autonomy; e) Independently from any link with the Government or other public authorities, are in possession of relevant information for the defense of the fundamental rights or other constitutional values. | Not entirely clear; rather general definition |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | NO | 0 | ARTIGO 3 (Scope) The present law applies to the organs and institutions of the Country, of the direct and indirect administration, to the representations abroad, to local autarchies, as well as to the private entity which, under the law or under agreement, achieve activities of public interest, or which benefit of public resources of any origin in their activities and are in possession of public interest information. | Refers to administration, suggesting legislature not included |
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 | ARTIGO 3 (Scope) The present law applies to the organs and institutions of the Country, of the direct and indirect administration, to the representations abroad, to local autarchies, as well as to the private entity which, under the law or under agreement, achieve activities of public interest, or which benefit of public resources of any origin in their activities and are in possession of public interest information. | Refers to administration, suggesting judiciary not included |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 0 | ARTIGO 3 (Scope) The present law applies to the organs and institutions of the Country, of the direct and indirect administration, to the representations abroad, to local autarchies, as well as to the private entity which, under the law or under agreement, achieve activities of public interest, or which benefit of public resources of any origin in their activities and are in possession of public interest information. | 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 | Partially | 1 | ARTIGO 3 (Scope) The present law applies to the organs and institutions of the Country, of the direct and indirect administration, to the representations abroad, to local autarchies, as well as to the private entity which, under the law or under agreement, achieve activities of public interest, or which benefit of public resources of any origin in their activities and are in possession of public interest information. | Would seem to be 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 | NO | 1 | ARTIGO 3 (Scope) The present law applies to the organs and institutions of the Country, of the direct and indirect administration, to the representations abroad, to local autarchies, as well as to the private entity which, under the law or under agreement, achieve activities of public interest, or which benefit of public resources of any origin in their activities and are in possession of public interest information. Right to Information Law Regulation ARTIGO 2 (Scope) For the purpose of the previous number are entrusted with the duty of providing information the private entities which: a) As concluded the an administrative contract, of any nature, with any public authority of direct, indirect or autarchic administration; b) Are bounded by public-private partnership contract; c) Benefits of the (special) status of public utility; d) Are financed by the State or by any public authority which enjoys of administrative and financial autonomy; Independently from any link with the Government or other public authorities, are in possession of relevant information for the defense of the fundamental rights or other constitutional values. | Covers both public function and funding but limited to information of public interest |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | NO | 2 | 10(2) Open government/Public Administration is based on freedom of access to public documents and archives without requiring the applicant to demonstrate legitimate and direct interest, or the purpose for which the information is intended, save for the restrictions contained in the present Act and other legislation. | Reasons generally are not required. Although there is a carve-out for "restrictions contained in the present Act and other legislation", benefit of the doubt given. It's possible this is referring to the need for consent for private information (27(2)). |
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 | Partially | 1 | ARTIGO 15 (Access to information) 1. The request of information is addressed to de director or the employee in charge of the management of documents, information, archives. The applicant shall properly identify himself, and precise the type of information he is requesting. Right to Information Law Regulation ARTIGO 8 (Access to information request) 1. The access to information request is presented to the entity in charge according to the applicable legislation for making it available, and shall: a) contain the identity of the applicant; b) Identify the form in which the applicant would like to access the information; c) Indicate, accurately and in detail, the data regarding the information requested, concerned or reasonably requires in every concrete case so that the agent can, without difficulties, identified the information requested; d) base the request of the information possessed by private entity demonstrating that it is necessary for the defense of a given fundamental right or constitutional value; e) include the ID of the applicant to permit the recognition of the signature of the official or agent who receive the request; f) include the documentation who certifies that the person is acting on behalf and representation of another person. 2. the processing of the information in the previous number regarding a request is done in relation to the result of the verbal request received according to the previous article. ARTIGO 9 (Form of the Request) 1. The request of public interest information is presented in writing, orally, through gestures, signs language or other communication form. 2. The request of public interest information must be submitted in writing if: a) concerns official correspondence; b) is about information regarding official affairs, except if the purpose of the requests is to use the information in civil or criminal proceedings; c) is about information delivered by employees about other officials, except if it is authorized, in writing, by the same official they refers. 3. If the request is submitted orally, through gestures or signs language according to the previous number, the official or agent who receive the request shall reduce it in writing. 4. If the applicant is a person with handicap the agent must help him to finalize the request. 5. Requests according to the present article shall be presented in duplicate, where the original stays with the receiving entity and the copy duly signed with date, location and name of the official stays with the applicant. | Must provide identity document |
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 | ARTIGO 15 (Access to information) 1. The request of information is addressed to de director or the employee in charge of the management of documents, information, archives. The applicant shall properly identify himself, and precise the type of information he is requesting. 2. The request of information must be submitted in writing if: a) concerns official correspondence; b) is about information regarding official affairs, except if the purpose of the requests is to use the information in civil or criminal proceedings; c) is about information delivered by employees about other officials, except if it is authorized, in writing, by the same official they refers. 3. In the cases of the previous number, if the request is oral, it is written down in duplicate by the employee who received the request. One copy is delivered to the applicant. 4. If the applicant is a person with handicap, the employee who receive the request shall provide to the proper arrangements to help the applicant. | Can be made orally; not clear about electronic |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | NO | 0 | N/A | Not mentioned |
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 | YES | 2 | ARTIGO 15 (Access to information) 4. If the applicant is a person with handicap, the employee who receive the request shall provide to the proper arrangements to help the applicant. Right to Information Law Regulation ARTIGO 9 (Form of the Request) 4. If the applicant is a person with handicap the agent must help him to finalize the request. | Only refers to disabled, aged but benefit of doubt given |
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 | Right to Information Law Regulation ARTIGO 9 (Form of the Request) 5. Requests according to the present article shall be presented in duplicate, where the original stays with the receiving entity and the copy duly signed with date, location and name of the official stays with the applicant. | Requests in duplicate with one copy to requester |
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 | NO | 0 | Right to Information Law Regulation ARTIGO 14 (Information unavailable) If the official or agent responsible for granting the right to information has acted with the required diligence. | Need to show evidence of looking for the document but not to transfer requests |
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 | ARTIGO 18 (Exercise of the RTI) The RTI is realized through: a) the provision: oral, written or others; b) reproduction of documents; c) certified declaration released from the service; d) free access to files; e) emission of certificates. ARTIGO 32 (Language) Every information is supplied in the official language, the divulgation can be in every national language. Right to Information Law Regulation ARTIGO 5 (Language) 1. The information requested according to the RTI Law is provided in the official language, the Portuguese. 2. The disclosure of information shall be done in the official language even if it can be equally done in another of the national languages. ARTIGO 6 (Content of the RTI) 3. The right to receive information impose the obligation to answer to the information request within the legal deadline and to make it available for the citizen in the requested form, namely oral written, sign language, reproduction of documents, issue of authenticated declarations, consultation of files and archives, emission of certificates. ARTIGO 21 (Documents and Files in archives) 1. The entities of article 3 RTI Law and article 2 of the present Regulation shall maintain the archives available, except for the exception provided by the law, in duly classified and indexed registers in order to ease the exercise of the right to information. 2. The consultation of documents and files is made exclusively in the respective services 3. The damage and the subtraction, total or partial, of documents or files provided by the consultation is punished by the criminal law. ARTIGO 22 (Consultation Room) 1. Public and private entities in possession of public interest information has to arrange adequate condition to permit the realization of the consultation as in the present article. 2. The consultation of the previous number is made in presence of an official 3. During the consultation is permitted to take of notes or electronically reproduce the documents. 4. Reproduction or notes as in the previous number are not binding for the entity who disposed the consultation, unless their authentication is stated. | Refers to different formats and the Regs. make clear must comply with preferences; also reference to languages |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | NO | 0 | Right to Information Law Regulation ARTIGO 11 (Urgent Requests) 1. When the citizen shows that the access request is urgent for defense of fundamental rights or danger of severe damage, irreparable or difficult to repair, of his rights, interests or of the public interest, as well as for the disclosure of news of relevant public interest, the Public Authority hall make the information available in the shortest possible time. 2. The official or agent responsible of ensuring the right to information or any other official or agent in charge of making the information available is disciplinary liable for the frustration of the pretension, if there is evidence that he acted negligently disclosing lately the information requested with urgency. | Has a rule for urgent requests but no general requirement to respond asap |
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 | ARTIGO 12 (Principle of celerity of the disclosure of information) 1. The request of information shall be met and decided with celerity. 2. The information shall be disclosed in the form and within the deadlines regulated by the law. ARTIGO 16 (Deadline to make information available) The administrative authorities in charge shall permit the consultation of documents and files within maximum 21 days from the moment they received the request. Right to Information Law Regulation ARTIGO 13 (Deadline to make information available) The administrative authorities in charge shall permit the consultation of documents and files within maximum 21 days from the moment they received the request. | 21 days, assumed working |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | YES | 2 | N/A | No extensions seem to be permitted |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | ARTIGO 17 (Gratuitousness) The disclosure of information is free, except for the reproduction, certified declaration, emission of certificates, where a fee is required. | |
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 | ARTIGO 17 (Gratuitousness) The disclosure of information is free, except for the reproduction, certified declaration, emission of certificates, where a fee is required. Right to Information Law Regulation ARTIGO 12 (Acceptance of the Request) 1. The applicant has the right to be informed on the acceptance of the request, the notification includes the fees for the reproduction, when necessary, and the form of the disclosure. ARTIGO 19 (Gratuitousness) The disclosure of information is free, except for the reproduction, certified declaration, emission of certificates, where a fee is required. | No free pages |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | Not mentioned |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | ARTIGO 41 (Misuse of information) 1. The misuse of information is punished in terms of defamation injury and libel by the Criminal Law. 2. Without prejudice to the previous number, the misuse of information can be punished by other criminal dispositions. Right to Information Law Regulation ARTIGO 3 (Right to information) 1. Citizens, private or public legal persons and medias interested have the right to request, search, consult, receive and divulgate public interest information possessed by the entities defined in the art. 3 of the Right to Information Law and in the present Regulation. | Refers to right to divulge information received but 41 punishes \'misuse\' of information. |
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 | ARTIGO 6 (Principle of widest disclosure) 1. Public and private entities addressed by the present law shall make available all public information in their possession, publishing them through the different means permitted by the law, to make them more accessible for the citizens, without any prejudices for the exceptions expressly provided by the present law and every other applicable law. ARTIGO 9 (Principle of duty to publish) 2. The limitation of the access to information of public interest is forbidden, except for the exceptions provided by the law. ARTIGO 10 (Principle of open Public Administration) 1. Public authorities shall maintain the availability of the archives, except for the exceptions provided by the law. ARTIGO 11 (Principle of the prohibition of unlimited exceptions) Every rejection or refusal to disclose information shall be based on the exceptions provided by the law. ARTIGO 21 (State secrecy) 3. The qualification of information as State secrecy is defined by the law, and its classification is made by the official who produced it, according to the existing rules for the classification of information. Right to Information Law Regulation ARTIGO 27 (Processing of classified information) For the purpose of the exercise of the right to information the access to information encompassed for the limits and restrictions provided by article 20 of the RTI law and other specific legislation follows the rules established by the particular legislation. ARTIGO 28 (Documents containing State Secrecy) Classified documents are not available for consultation and disclosure. | The rules are really not very clear but it is clear that classificiation under other laws justifies non-disclosure |
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 | 6 | ARTIGO 4 (Principles) 1.The exercise of the RTI shall respect the constitutional rules, preserving national unity and social harmony. ARTIGO 5 (Respect of Human Dignity) The exercise of the RTI shall preserve other rights and interests protected by the Constitution, namely the right to honor, of publicity, to reputation, to private life. ARTIGO 20 (Restrictions and limits) 1. The RTI can be restricted, put under condition, limited when the requested information is classified as a State secrecy, secret, restricted and confidential. 2. Without any prejudice to other restrictions provided by specific law, the restrictions as in the previous number the apply to the following cases: a) state secrecy; b) judicial secrecy; c) information held by the public administration, received on the condition of confidentiality, regarding relations with other states or international relations; d) professional secrecy; e) banking secrecy, except if permitted by specific law; f) personal data from electronic files held by public or private authorities; g) special measures for the protection of victims, complainants and witnesses; h) information regarding the private life and intimacy of citizens; i) commercial or industrial secrecy; j) artistic, literary and scientific property secrecy; k) information regarding criminal, disciplinary or any other proceeding, if the divulgation may prejudice the investigations or other principles recognized by the Constitution; l) research projects and scientific and technologic developments or reports finalized to research projects, whom secrecy is indispensable for the security of the State and the society. ARTIGO 21 (State secrecy) 1. For the purpose of the present law, the State secrecy concerns data, information, materials and documents, which are classified with a grade of security and need protection against the unauthorized divulgation, and whose knowledge by unauthorized people is a risk or may cause damages to the national independence, unity and integrity of the State, internal or external security, regardless of their form, nature, means of transmission. 2. May be submitted to State secrecy, as in the previous number, all data, information, document, materials concerning the matters which: a) are secretly transmitted by other states or international organizations; b) safeguard rights, freedoms, guaranties of the citizens; c) aim to prevent and ensure the functioning and the security of the personal, the equipment, the material, the installation of the Security and Defense Forces; d) may ease the practice of the crimes against the security of the State; e) guarantee the safeguard of the national sovereignty or the prosecution of its plans for their economic, commercial, industrial, environmental, scientific, technical, monetary, financial nature. 3. The qualification of information as State secrecy is defined by the law, and its classification is made by the official who produced it, according to the existing rules for the classification of information. 4. The documents classified as State secrecy are exposed to protection against espionage, sabotage, leak. ARTIGO 22 (Judicial secrecy) The judicial secrecy is regulated by own law and aim at preserving the objectives of the good administration of justice and at safeguarding the private life. ARTIGO 23 (Professional secrecy) 1. Information covered by professional secrecy are confidential. 2. Public employees and every person who has access to classified information because of their professional activity, shall maintain the professional secrecy. ARTIGO 24 (Banking secrecy) 1. The disclosure, revelation, use of information acquired on duty and through the provision of services about facts or elements regarding the life of credit institutions and financial societies, or their relations with their clients, is forbidden. 2. Names of clients, accounts, movements, and other financial transactions are subject to banking secrecy above all. 3. Facts and elements regarding the relations between the client and credit institutions and financial societies can be disclosed with explicit permission of the client. ARTIGO 25 (Data held by authorities) Information concerning the privacy in the private life of an identified or identifiable natural person cannot be disclosed without the explicit permission of the client. ARTIGO 26 (Special measures for the protection of victims, complainants and witnesses) 1. Information about victims, complainants and witnesses is neither supplied nor published. 2. The measures for the protection of victims, complainants and witnesses respect: a) the confidentiality of the identity of the beneficiary: they refer to him during the proceeding with a codified designation (code name); b) the concealing of his image, the distortion of his voice or both if the beneficiary has to give statements or testify in a public proceeding or in a confrontation; c) use of teleconference, providing measures to avoid the identification of the beneficiary; d) the early production of evidences, if it is justified by the age of the person who has to give the statement or to testify, his health status, his imminent departure abroad or any other relevant reason. 3. The measures of the previous number cease if the situation is not risky or dangerous any more if the authority in charge decides that they are not necessary because of the lack of a reasons thereof. ARTIGO 27 (Information regarding the private life and intimacy of citizens) 1. Information about personality rights, who could namely damage the honor, the reputation or the publicity is neither supplied nor published. 2. Information about images regarding the private life may be disclosed with explicit permission of the person concerned. ARTIGO 28 (Commercial or industrial secrecy) 1. The access to information can be refused if it jeopardize secrets: commercial, industrial, regarding the internal life of the company. 2. By commercial or industrial secrecy is meant any information about the technique of manufacture, patents, commercial or marketing information and strategies, whose knowledge by the competitor may affect the productivity of the company. ARTIGO 29 (Copyright protection) Any use of information which violated the copyright, the artistic, literary and scientific property, is not permitted, as well as the reproduction, disclosure or use of the property and the information who may cause unfair competition. ARTIGO 30 (Access to classified documents) The access to classified documents is permitted within the deadline of the duration of the act of classification. ARTIGO 31 (Decision) The refusal to the disclosure, consultation, excerpt of documents shall be motivated according to the present law. ARTIGO 32 (Language) Every information is supplied in the official language, the divulgation can be in every national language. CAPITULO III Guarantees of legality ARTIGO 33 (Guarantees of access to information) 1. The dismissal of the request of access to information can be appealed through judicial procedure or through the exercise of the petition right according to the law. 2. The judicial appeal shall take place before the administrative tribunal. ARTIGO 34 (Administrative appeal) 1. The dismissal decision may be: a) complained by the same official who made it within the deadline of five days from its the notification; b) appealed, through hierarchical appeal, within the deadline of 90 days from the dismissal notification. 2. The hierarchical procedures has to be decided within the deadline of 15 days. ARTIGO 35 (Opinion of the Commission for the Evaluation) 1. The decision of the hierarchical procedure should be previously submitted to the Commission for the Evaluation of the Documents of the region. 2. The Commission has 5 days to give its opinion. ARTIGO 36 (Judicial Appeal) The judicial appeal of the decision about the request of information, access to files, excerpt of documents is regulated by the rules of the administrative proceeding and shall be done through: a) action for annulent b) claim for information, access to files, excerpt of documents c) claim of the administrative authority in possession and in charge of the disclosure of information. CAPITULO IV Sanctions ARTIGO 37 (Violation of the Secrecy) 1. The violation of the professional secrecy is sanctioned according to the dispositions ruling the activities or the applicable labor law legislation. 2. The sanctions for the violation of the judicial secrecy are regulated by its own legislation. 3. The dispositions of the banking law applies to the violation of the banking secrecy. ARTIGO 38 (Violation of Human Dignity) Without prejudice to the civil liability, the sanctions for the crimes against the honor provided by the criminal law applies to the violation of personality rights . ARTIGO 39 (Violation of the State secrecy) 1. Without prejudice to the application of the disciplinary regulations, the violation of the State secrecy is punished according to the proper dispositions. 2. Without prejudice to the application of the sanctions as in the previous number, the entities who shall observe the State secrecy may use administrative measures to impede the access or the disclosure of confidential information. The citizen may appeal towards this measures. ARTIGO 40 (Violation of the industrial and intellectual property) Specific legislation applies to the disclosure and divulgation of information protected by industrial or intellectual property . ARTIGO 41 (Misuse of information) 1. The misuse of information is punished in terms of defamation injury and libel by the Criminal Law. 2. Without prejudice to the previous number, the misuse of information can be punished by other criminal dispositions. Right to Information Law Regulation ARTIGO 3 (Right to information) 2. For the purpose of the concretization of the principle of widest disclosure, whenever the private or public entity has not made the information spontaneously available yet or whenever the applicant considers it appropriate, the right to information include: g) access, visualization, hearing of magnetic or movie files, as well as the possibility to obtain copy, except when they are protected by copyright or in case of restrictions provided by the law. | Safeguard rights and freedoms (21(2)(b), 27), unity, social cohesion (4(1), 21(1)), professional secrecy (23), intellectual property (29) |
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 | 1 | ARTIGO 4 (Principles) 1.The exercise of the RTI shall respect the constitutional rules, preserving national unity and social harmony. ARTIGO 5 (Respect of Human Dignity) The exercise of the RTI shall preserve other rights and interests protected by the Constitution, namely the right to honor, of publicity, to reputation, to private life. ARTIGO 20 (Restrictions and limits) 1. The RTI can be restricted, put under condition, limited when the requested information is classified as a State secrecy, secret, restricted and confidential. 2. Without any prejudice to other restrictions provided by specific law, the restrictions as in the previous number the apply to the following cases: a) state secrecy; b) judicial secrecy; c) information held by the public administration, received on the condition of confidentiality, regarding relations with other states or international relations; d) professional secrecy; e) banking secrecy, except if permitted by specific law; f) personal data from electronic files held by public or private authorities; g) special measures for the protection of victims, complainants and witnesses; h) information regarding the private life and intimacy of citizens; i) commercial or industrial secrecy; j) artistic, literary and scientific property secrecy; k) information regarding criminal, disciplinary or any other proceeding, if the divulgation may prejudice the investigations or other principles recognized by the Constitution; l) research projects and scientific and technologic developments or reports finalized to research projects, whom secrecy is indispensable for the security of the State and the society. ARTIGO 21 (State secrecy) 1. For the purpose of the present law, the State secrecy concerns data, information, materials and documents, which are classified with a grade of security and need protection against the unauthorized divulgation, and whose knowledge by unauthorized people is a risk or may cause damages to the national independence, unity and integrity of the State, internal or external security, regardless of their form, nature, means of transmission. 2. May be submitted to State secrecy, as in the previous number, all data, information, document, materials concerning the matters which: a) are secretly transmitted by other states or international organizations; b) safeguard rights, freedoms, guaranties of the citizens; c) aim to prevent and ensure the functioning and the security of the personal, the equipment, the material, the installation of the Security and Defense Forces; d) may ease the practice of the crimes against the security of the State; e) guarantee the safeguard of the national sovereignty or the prosecution of its plans for their economic, commercial, industrial, environmental, scientific, technical, monetary, financial nature. 3. The qualification of information as State secrecy is defined by the law, and its classification is made by the official who produced it, according to the existing rules for the classification of information. 4. The documents classified as State secrecy are exposed to protection against espionage, sabotage, leak. ARTIGO 22 (Judicial secrecy) The judicial secrecy is regulated by own law and aim at preserving the objectives of the good administration of justice and at safeguarding the private life. ARTIGO 23 (Professional secrecy) 1. Information covered by professional secrecy are confidential. 2. Public employees and every person who has access to classified information because of their professional activity, shall maintain the professional secrecy. ARTIGO 24 (Banking secrecy) 1. The disclosure, revelation, use of information acquired on duty and through the provision of services about facts or elements regarding the life of credit institutions and financial societies, or their relations with their clients, is forbidden. 2. Names of clients, accounts, movements, and other financial transactions are subject to banking secrecy above all. 3. Facts and elements regarding the relations between the client and credit institutions and financial societies can be disclosed with explicit permission of the client. ARTIGO 25 (Data held by authorities) Information concerning the privacy in the private life of an identified or identifiable natural person cannot be disclosed without the explicit permission of the client. ARTIGO 26 (Special measures for the protection of victims, complainants and witnesses) 1. Information about victims, complainants and witnesses is neither supplied nor published. 2. The measures for the protection of victims, complainants and witnesses respect: a) the confidentiality of the identity of the beneficiary: they refer to him during the proceeding with a codified designation (code name); b) the concealing of his image, the distortion of his voice or both if the beneficiary has to give statements or testify in a public proceeding or in a confrontation; c) use of teleconference, providing measures to avoid the identification of the beneficiary; d) the early production of evidences, if it is justified by the age of the person who has to give the statement or to testify, his health status, his imminent departure abroad or any other relevant reason. 3. The measures of the previous number cease if the situation is not risky or dangerous any more if the authority in charge decides that they are not necessary because of the lack of a reasons thereof. ARTIGO 27 (Information regarding the private life and intimacy of citizens) 1. Information about personality rights, who could namely damage the honor, the reputation or the publicity is neither supplied nor published. 2. Information about images regarding the private life may be disclosed with explicit permission of the person concerned. ARTIGO 28 (Commercial or industrial secrecy) 1. The access to information can be refused if it jeopardize secrets: commercial, industrial, regarding the internal life of the company. 2. By commercial or industrial secrecy is meant any information about the technique of manufacture, patents, commercial or marketing information and strategies, whose knowledge by the competitor may affect the productivity of the company. ARTIGO 29 (Copyright protection) Any use of information which violated the copyright, the artistic, literary and scientific property, is not permitted, as well as the reproduction, disclosure or use of the property and the information who may cause unfair competition. ARTIGO 30 (Access to classified documents) The access to classified documents is permitted within the deadline of the duration of the act of classification. ARTIGO 31 (Decision) The refusal to the disclosure, consultation, excerpt of documents shall be motivated according to the present law. ARTIGO 32 (Language) Every information is supplied in the official language, the divulgation can be in every national language. CAPITULO III Guarantees of legality ARTIGO 33 (Guarantees of access to information) 1. The dismissal of the request of access to information can be appealed through judicial procedure or through the exercise of the petition right according to the law. 2. The judicial appeal shall take place before the administrative tribunal. ARTIGO 34 (Administrative appeal) 1. The dismissal decision may be: a) complained by the same official who made it within the deadline of five days from its the notification; b) appealed, through hierarchical appeal, within the deadline of 90 days from the dismissal notification. 2. The hierarchical procedures has to be decided within the deadline of 15 days. ARTIGO 35 (Opinion of the Commission for the Evaluation) 1. The decision of the hierarchical procedure should be previously submitted to the Commission for the Evaluation of the Documents of the region. 2. The Commission has 5 days to give its opinion. ARTIGO 36 (Judicial Appeal) The judicial appeal of the decision about the request of information, access to files, excerpt of documents is regulated by the rules of the administrative proceeding and shall be done through: a) action for annulent b) claim for information, access to files, excerpt of documents c) claim of the administrative authority in possession and in charge of the disclosure of information. CAPITULO IV Sanctions ARTIGO 37 (Violation of the Secrecy) 1. The violation of the professional secrecy is sanctioned according to the dispositions ruling the activities or the applicable labor law legislation. 2. The sanctions for the violation of the judicial secrecy are regulated by its own legislation. 3. The dispositions of the banking law applies to the violation of the banking secrecy. ARTIGO 38 (Violation of Human Dignity) Without prejudice to the civil liability, the sanctions for the crimes against the honor provided by the criminal law applies to the violation of personality rights . ARTIGO 39 (Violation of the State secrecy) 1. Without prejudice to the application of the disciplinary regulations, the violation of the State secrecy is punished according to the proper dispositions. 2. Without prejudice to the application of the sanctions as in the previous number, the entities who shall observe the State secrecy may use administrative measures to impede the access or the disclosure of confidential information. The citizen may appeal towards this measures. ARTIGO 40 (Violation of the industrial and intellectual property) Specific legislation applies to the disclosure and divulgation of information protected by industrial or intellectual property . ARTIGO 41 (Misuse of information) 1. The misuse of information is punished in terms of defamation injury and libel by the Criminal Law. 2. Without prejudice to the previous number, the misuse of information can be punished by other criminal dispositions. Right to Information Law Regulation ARTIGO 3 (Right to information) 2. For the purpose of the concretization of the principle of widest disclosure, whenever the private or public entity has not made the information spontaneously available yet or whenever the applicant considers it appropriate, the right to information include: g) access, visualization, hearing of magnetic or movie files, as well as the possibility to obtain copy, except when they are protected by copyright or in case of restrictions provided by the law. | Judicial secrecy (22), in confidence from other States (22(2)(a)), banking secrecy (24), |
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 | Partially | 1 | ARTIGO 9 (Principle of duty to publish) 2. The limitation of the access to information of public interest is forbidden, except for the exceptions provided by the law. Right to Information Law Regulation ARTIGO 26 (Special measures for the protection of victims, complainants and witnesses) 1. Information about victims, complainants and witnesses is neither supplied nor published. 2. The measures for the protection of victims, complainants and witnesses respect: a) the confidentiality of the identity of the beneficiary: they refer to him during the proceeding with a codified designation (code name); b) the concealing of his image, the distortion of his voice or both if the beneficiary has to give statements or testify in a public proceeding or in a confrontation; c) use of teleconference, providing measures to avoid the identification of the beneficiary; d) the early production of evidences, if it is justified by the age of the person who has to give the statement or to testify, his health status, his imminent departure abroad or any other relevant reason. 3. The measures of the previous number cease if the situation is not risky or dangerous any more if the authority in charge decides that they are not necessary because of the lack of a reasons thereof. | Not really but some references to public interest and necessity |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | NO | 0 | N/A | Not mentioned |
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 | ARTIGO 11 (Principle of the prohibition of unlimited exceptions) Every rejection or refusal to disclose information shall be based on the exceptions provided by the law. Right to Information Law Regulation ARTIGO 15 (Refusal of the Request) The refusal to the disclosure, consultation, excerpt of documents shall be based on the legal exceptions and restrictions. | Refusals must be grounded. |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | ARTIGO 34 (Administrative appeal) 1. The dismissal decision may be: a) complained by the same official who made it within the deadline of five days from its the notification; b) appealed, through hierarchical appeal, within the deadline of 90 days from the dismissal notification. 2. The hierarchical procedures has to be decided within the deadline of 15 days. ARTIGO 35 (Opinion of the Commission for the Evaluation) 1. The decision of the hierarchical procedure should be previously submitted to the Commission for the Evaluation of the Documents of the region. 2. The Commission has 5 days to give its opinion. | |
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 | ARTIGO 33 (Guarantees of access to information) 1. The dismissal of the request of access to information can be appealed through judicial procedure or through the exercise of the petition right according to the law. 2. The judicial appeal shall take place before the administrative tribunal. | |
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 | 1 | ARTIGO 33 (Guarantees of access to information) 1. The dismissal of the request of access to information can be appealed through judicial procedure or through the exercise of the petition right according to the law. 2. The judicial appeal shall take place before the administrative tribunal. ARTIGO 34 (Administrative appeal) 1. The dismissal decision may be: a) complained by the same official who made it within the deadline of five days from its the notification; b) appealed, through hierarchical appeal, within the deadline of 90 days from the dismissal notification. 2. The hierarchical procedures has to be decided within the deadline of 15 days. | Only refusals to grant access |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | Partially | 1 | ARTIGO 11 (Urgent Requests) 2. The official or agent responsible of ensuring the right to information or any other official or agent in charge of making the information available is disciplinary liable for the frustration of the pretension, if there is evidence that he acted negligently disclosing lately the information requested with urgency. | Disciplinary measure for late provision of information |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | NO | 0 | ARTIGO 19 (Incorrect disclosure of information) In case of errors in the disclosure of classified information, the liability of the applicant who divulgated it is excluded. ARTIGO 37 (Violation of the Secrecy) 1. The violation of the professional secrecy is sanctioned according to the dispositions ruling the activities or the applicable labor law legislation. 2. The sanctions for the violation of the judicial secrecy are regulated by its own legislation. 3. The dispositions of the banking law applies to the violation of the banking secrecy. ARTIGO 38 (Violation of Human Dignity) Without prejudice to the civil liability, the sanctions for the crimes against the honor provided by the criminal law applies to the violation of personality rights . ARTIGO 39 (Violation of the State secrecy) 1. Without prejudice to the application of the disciplinary regulations, the violation of the State secrecy is punished according to the proper dispositions. 2. Without prejudice to the application of the sanctions as in the previous number, the entities who shall observe the State secrecy may use administrative measures to impede the access or the disclosure of confidential information. The citizen may appeal towards this measures. ARTIGO 40 (Violation of the industrial and intellectual property) Specific legislation applies to the disclosure and divulgation of information protected by industrial or intellectual property . ARTIGO 41 (Misuse of information) 1. The misuse of information is punished in terms of defamation injury and libel by the Criminal Law. 2. Without prejudice to the previous number, the misuse of information can be punished by other criminal dispositions. | All about punishing wrong disclosure, not protecting; requesters are protected |
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 | YES | 2 | N/A | Witness and Protection Act 2012 |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | ARTIGO 10 (Principle of open Public Administration) 3. Every information shall be kept in registers duly classified and indexed in order to ease the RTI. Right to Information Law Regulation ARTIGO 21 (Documents and Files in archives) 1. The entities of article 3 RTI Law and article 2 of the present Regulation shall maintain the archives available, except for the exception provided by the law, in duly classified and indexed registers in order to ease the exercise of the right to information. | |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | Partially | 1 | Right to Information Law Regulation ARTIGO 29 (Annual Report of the Commission for the Evaluation) 1. The Commission for the Evaluation of the Document, as in article 35 of the RTI Law, elaborates and remits periodical reports to the official in charge, who sent them to the director body of the National System of the State Archives. 2. The reports as in the previous number shall include information about: a) the number of judgments on hierarchical appeal of the decision of denial of information; b) the grounds of denial of access to information and the grounds of appeal against the denial; c) the opinion of the commission in regard to the difficulties in the implementation of the RTI Law and in the management of the system of evaluation of documents in the framework of the access to information; d) processes mechanisms and politics who aim at easing and better the exercise of the right to information; e) other useful information. 3. On the base of the information received from the Commission, the director body of the National System of the States Archive shall elaborate an annual report on the implementation of the RTI Law, mentioning the requests received, granted or denied, the constraints they had and other relevant information. 4. Beyond the information of the previous number, the Report of the director body of the National System of the States Archive shall include information on the difficulties in the management of the archives in the framework of the exercise of the right to information, with proposals for the legislative and administrative improvement of the system, with the aim of easing the access to information. 5. the report of the previous number is sent to the Provedor de Justiça, for its inclusion in the for the Annual Information of the Parliament. | |
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 | YES | 2 | ARTIGO 42 (Annual Report of the Commission) The director body of the National System of the States Archive shall give an annual report to the Provedor de Justica, for the Annual Information of the Parliament, about the implementation of the present law, including the requests received, granted or denied, the constraints they had and other relevant information. Right to Information Law Regulation ARTIGO 29 (Annual Report of the Commission for the Evaluation) 1. The Commission for the Evaluation of the Document, as in article 35 of the RTI Law, elaborates and remits periodical reports to the official in charge, who sent them to the director body of the National System of the State Archives. 2. The reports as in the previous number shall include information about: a) the number of judgments on hierarchical appeal of the decision of denial of information; b) the grounds of denial of access to information and the grounds of appeal against the denial; c) the opinion of the commission in regard to the difficulties in the implementation of the RTI Law and in the management of the system of evaluation of documents in the framework of the access to information; d) processes mechanisms and politics who aim at easing and better the exercise of the right to information; e) other useful information. 3. On the base of the information received from the Commission, the director body of the National System of the States Archive shall elaborate an annual report on the implementation of the RTI Law, mentioning the requests received, granted or denied, the constraints they had and other relevant information. 4. Beyond the information of the previous number, the Report of the director body of the National System of the States Archive shall include information on the difficulties in the management of the archives in the framework of the exercise of the right to information, with proposals for the legislative and administrative improvement of the system, with the aim of easing the access to information. 5. the report of the previous number is sent to the Provedor de Justiça, for its inclusion in the for the Annual Information of the Parliament. |
