North Macedonia
Name of law: Law on Free Access to Information of Public Character
First adopted: 2006
Last modified: n/a
RTI Rating last updated: n/a
First adopted: 2006
Last modified: n/a
RTI Rating last updated: n/a
Introduction
Macedonia’s RTI law is relatively strong, which is highlighted by a near-perfect rating for its expansive scope. Other assets of the legislation include its robust requesting procedure, its mostly compliant harm-test exception regime, and a series of well-defined promotional requirements. That being said, several legislative flaws must be remedied to improve the right to information. Notably, the law must enhance the ability for the administrative oversight body (Commission for Protection of the Right to Free Access to Information of Public Character) to fulfil its supervisory mandate, by broadening its permissible functions, including the powers to review classified documents and order its declassification where appropriate. Another key area for improvement is the creation of a trump provision to ensure that information disclosure is not subject to exceptions established in other laws.
The law is also available in its Macedonian original here.
Local Expert: Dance Danilovska–Bajdevska
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 2 | 6 |
| 2 | Scope | 29 | 30 |
| 3 | Requesting Procedures | 21 | 30 |
| 4 | Exceptions & Refusal | 22 | 30 |
| 5 | Appeals | 18 | 30 |
| 6 | Sanctions & Protections | 4 | 8 |
| 7 | Promotional Measures | 14 | 16 |
| ∑ = 110 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | NO | 0 | Article 16 of the Constitution of Macedonia provides: "The freedom of personal conviction, conscience, thought and public expression of thought is guaranteed. The freedom of speech, public address, public information and the establishment of institutions for public information is guaranteed. Free access to information and the freedom of reception and transmission of information are guaranteed. The right of reply via the mass media is guaranteed. The right to a correction in the mass media is guaranteed. The right to protect a source of information in the mass media is guaranteed. Censorship is prohibited." | This is more of a general right to freedom of expression. Link to constitution (English version) here. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | YES | 2 | Art. 2 "(1) The present Law shall provide for publicity and openness in the operation of information holders, and shall enable natural and legal persons to exercise their right to free access to information of public character. (2) Information holders shall be bound to provide for public information throughout their operation." | |
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 | Not mentioned. | |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 1 | Art. 4 "(1) Free access to information shall be enjoyed by all legal and natural persons. (2) Free access to information shall also be enjoyed by foreign legal and natural persons in accordance with the present Law and other laws." | |
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 | Art. 3 "information of public character" shall refer to information in any form whatsoever, created or disposed by an information holder in line with its competencies (hereinafter referred to as "information") | |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | Art. 3 "<...> "information requester" shall refer to any legal or natural person without discrimination on any grounds whatsoever, in a manner and under conditions prescribed in the present Law and in other laws (hereinafter referred to as "the requester"); and "document" shall refer to any record of information, regardless of its physical form or features, a written or a printed text, maps, schemes, photographs, pictures, drawings, sketches, working materials, as well as audio, voice, magnetic or electronic records, optical or video records in any form whatsoever, as well as mobile equipment for automatic data processing with integrated or transferable memory to store data in digital form." | |
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 | Art 3. Certain expressions in the present Law shall have the following meanings: -"information holders" shall refer to state administration bodies and to other bodies and organizations specified by law, municipal bodies, bodies of the City of Skopje and to municipalities comprising the City of Skopje, institutions and public services, public enterprises, and to legal and natural persons performing public competencies determined by law; | |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | YES | 4 | Art 3. "Certain expressions in the present Law shall have the following meanings: -"information holders" shall refer to state administration bodies and to other bodies and organizations specified by law, municipal bodies, bodies of the City of Skopje and to municipalities comprising the City of Skopje, institutions and public services, public enterprises, and to legal and natural persons performing public competencies determined by law; <...>" | |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | Art 3. "Certain expressions in the present Law shall have the following meanings: -"information holders" shall refer to state administration bodies and to other bodies and organizations specified by law, municipal bodies, bodies of the City of Skopje and to municipalities comprising the City of Skopje, institutions and public services, public enterprises, and to legal and natural persons performing public competencies determined by law;<...>" | |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Art 3. Certain expressions in the present Law shall have the following meanings: -"information holders" shall refer to state administration bodies and to other bodies and organizations specified by law, municipal bodies, bodies of the City of Skopje and to municipalities comprising the City of Skopje, institutions and public services, public enterprises, and to legal and natural persons performing public competencies determined by law; | |
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 | Art 3. "Certain expressions in the present Law shall have the following meanings: -"information holders" shall refer to state administration bodies and to other bodies and organizations specified by law, municipal bodies, bodies of the City of Skopje and to municipalities comprising the City of Skopje, institutions and public services, public enterprises, and to legal and natural persons performing public competencies determined by law;<...>". | |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | Art 3. "Certain expressions in the present Law shall have the following meanings: -"information holders" shall refer to state administration bodies and to other bodies and organizations specified by law, municipal bodies, bodies of the City of Skopje and to municipalities comprising the City of Skopje, institutions and public services, public enterprises, and to legal and natural persons performing public competencies determined by law;<...>". | |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | NO | 2 | Art.16 "(4) The requester shall not be obliged to provide justification to its request, but it shall have to state that it is submitting a request for access to information." | |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | YES | 2 | Article 16: "(1) The type and format of the request to access information form shall be determined by the Commission; the information holder shall be bound to provide the requester with such a form; (2) Each request shall contain the title of the information holder, the personal name and surname of the information requester, data on the possible representative or authorized person, the firm or the legal person. (3) In its request, the requester shall be obliged to state the information it wants to become acquainted with, and the way in which it wants to become acquainted with the contents of the information requested (insight, transcript, photocopy, electronic record). (4) The requester shall not be obliged to provide justification to its request, but it shall have to state that it is submitting a request for access to information. (5) If, on the basis of the subject of a request, it is to be concluded that the procedure is about a request to access information in accordance with the present Law, the information holder shall be obliged to consider such a request in accordance with the present Law." | |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | Art 15. "(1) The request for access to information shall be submitted by the requester to the information holder. (2) As for a request mentioned in paragraph (1) hereunder submitted in electronic form, the provisions of the present Law and of other laws shall apply." | |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | YES | 2 | Art 11. "In order to provide for free access to information, the responsible person with the information holder shall be bound to provide to information requesters premises in which the latter may have insight to information requested, and officials in charge of information mediation shall be bound to assist information requesters in their requesting information in accordance with the present Law and with other laws." | |
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 | Not mentioned. | |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Art 18. "(1) If the information holder having received an information request does not dispose with the information requested, it shall, immediately, and within three days following its receipt of the request at latest, be obliged to forward this request to the information holder that, according to the contents of the request in question, is considered to be the holder of the information requested, and shall inform the requester accordingly. (2) The prescribed time period to provide information shall commence from the day the request mentioned in paragraph (1) hereunder is received by the information holder to whom such request has been forwarded." | |
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 | Art 16. "(3) In its request, the requester shall be obliged to state the information it wants to become acquainted with, and the way in which it wants to become acquainted with the contents of the information requested (insight, transcript, photocopy, electronic record)." | |
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 | Art 21. "(1) The information holder shall be bound to answer the requester's request immediately, or within 30 days following the date of information holder's receipt of such request at latest." | |
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 | Art 21. "(1) The information holder shall be bound to answer the requester's request immediately, or within 30 days following the date of information holder's receipt of such request at latest." | 30 days. |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | YES | 2 | Art. 22 "(1) If the information holder should need a time period longer than the one prescribed in Article 21 of the present Law to enable partial access to certain information, in line with Article 7 of the present Law, or due to the large scope of the document requested, it may extend the time period needed, yet the time period for issuing information may not, as a whole, exceed the period of 40 days following the date of receipt of an information request." | |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | Art 29. "(1) Insight to information requested shall be provided free of charge." | |
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 | YES | 2 | Art 29. "(2) For the obtained transcript, photocopy or electronic records, the information requester shall pay a fee to the amount of material costs to be covered. (3) The Government of the Republic of Macedonia shall, upon proposal from the Ministry of Finance, adopt an act specifying the reimbursement of material costs of information providing by information holders. (4) The information holder shall publish the amount of the fee mentioned in paragraph (3) hereunder in an appropriate manner (in the official bulletin of the information holder, on its website, on an information board, etc.), and shall make this amount known to any requester before it submits its request. (5) Should the request relate to information of larger scope, the information holder may ask the requester to in advance pay the fee to cover the costs of information obtaining." | |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | Art 6. "(1) Information holders may reject a request to access information in accordance with the law, should the information in question relate to the following: 1. information that, under the law, represents classified information of appropriate degree of secrecy; 2. personal datum the disclosure of which would mean violation of personal data protection; 3. information on archive working having been identified as confidential; 4. information the disclosure of which would mean violation of the confidentiality of the tax procedure; 5. information obtained or compiled within an investigation, a criminal or a misdemeanor procedure, for the purpose of conducting an administrative or a civil procedure, the disclosure of which would have harmful consequences for the course of the procedure itself; 6. information relating to commercial and other economic interests, including the interests of monetary and fiscal policies, the disclosure of which may have harmful consequences for the exercising of a particular function; 7. information contained in a document undergoing a procedure of compiling and still being subject of harmonization with an information holder, the disclosure of which would cause misunderstanding of the contents of the document in question; 8. information jeopardizing industrial or intellectual property rights (patent, model, sample, goods or service seal, product origin indication)." | |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | YES | 4 | Art. 6 "(3) Under exception to paragraph (1) hereunder, information holders shall allow access to information, after the obligatory harm test is conducted with which it will be determined that, in case such information is published, consequences to the interest being protected will be smaller than the public interest to be maintained with the publishing of such information." | |
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 | YES | 4 | Art. 6 "(3) Under exception to paragraph (1) hereunder, information holders shall allow access to information, after the obligatory harm test is conducted with which it will be determined that, in case such information is published, consequences to the interest being protected will be smaller than the public interest to be maintained with the publishing of such information." | |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | Art. 6 "(2) Information listed in paragraph (1) hereunder shall become available once the reasons for its being unavailable shall cease to exist." | |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | Art. 7 "If a document or any part thereof contains information mentioned in Article 6, paragraph (1) of the present Law, which may be separated from the document in question without jeopardizing its overall security, the information holder shall separate such information from the document and shall inform the requester on the contents of the remaining part of the document." | |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | YES | 2 | Art. 20 "(3) In cases mentioned in paragraph (2) hereunder, the decision shall contain an elaboration of the reasons due to which the request in question has been rejected." According to the Law on the General Administrative Procedure, Art 213 "(1) With the instructions on legal remedies, the party shall be informed whether he/she shall have the right to file an appeal or to institute an administrative dispute or other court proceedings against the decision." | |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Art. 28 "(1) The requester shall have the right to initiate a complaint in front of the Commission for Protection of the Right to Free Access to Information of Public Character, against the decision in which the information holder has rejected its request, within 15 days following the date of the requester's receipt of the relevant decision." | |
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 | Art. 31 "(1) The Commission is consisted of five members, one of them is president and one is vice-president. The term of office of the members is five years with the right to re-appointment. The president and the vice-president perform their functions professionally. (2) Upon proposal from the Government of the Republic of Macedonia, the president, vice-president and the member of the Commission representing the nongovernmental sector shall be appointed and dismissed by the Parliament of the Republic of Macedonia, for a five-year period, with the right to re-appointment. (3) Two members of the Commission from among the Commission's expert service shall, upon proposal from the Government of the Republic of Macedonia, be appointed and dismissed by the Parliament of the Republic of Macedonia, for a five-year period and with the right to be re-elected. (4) The president of the Commission shall represent the Commission and shall govern its work. (5) The positions of the Commission president and vice-president, as well as the Commission member representing the nongovernmental sector shall be open for appointment to any person being citizen of the Republic of Macedonia, being respected and distinguished in the fields of information and access to information of public character. (6) During their mandates, the Commission president, vice-president and members may not perform duties within political parties' bodies. (7) The Parliament of the Republic of Macedonia shall dismiss the Commission president, vice-president or member prior to the expiration of their mandates, in cases of a proposal from the Government of the Republic of Macedonia, upon personal request from these persons, in case of these persons' illness which will prevent them from performing their duties, or when such persons hall act contrary to the provisions of the present Law. (8) If under paragraph (7) of this Article the position of the Commission member or its deputy ceases, prior to the expiration of their term of office, the Parliament of the Republic of Macedonia, upon proposal from the Government of the Republic of Macedonia, shall appoint new Commission member with a new term of office." | |
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 | Art. 30 "(2) The funds for the operation of the Commission shall be provided by the Budget of the Republic of Macedonia. The seat of the Commission is in Skopje. The Commission reports to the Parliament of the Republic of Macedonia and submits annual report for its work." | |
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 | YES | 2 | Art. 33 "(1) The Commission shall perform the tasks within its competence on its sessions. <...>" | |
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 | Art. 35 "A suit to initiate an administrative dispute in front of the competent court may be filed against a decision issued by the Commission." | |
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 | Art. 29 "(1) Insight to information requested shall be provided free of charge." | |
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 | Art. 28 "(1) The requester shall have the right to initiate a complaint in front of the Commission for Protection of the Right to Free Access to Information of Public Character, against the decision in which the information holder has rejected its request, within 15 days following the date of the requester's receipt of the relevant decision." | |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Art. 28 "(1) The requester shall have the right to initiate a complaint in front of the Commission for Protection of the Right to Free Access to Information of Public Character, against the decision in which the information holder has rejected its request, within 15 days following the date of the requester's receipt of the relevant decision." | |
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. | |
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 | 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 | YES | 2 | Art. 39 "A fine of 30,000 to 50,000 denars shall be imposed for an offense to the responsible person i.e. the official with the information holder having failed to provide information of public character in accordance with the provisions of the present Law." | |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | 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 | Not mentioned. | |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | YES | 2 | Art. 38 "Any responsibility shall be removed from an employee within the information holder that shall disclose protected information, in case such information be of significance for the disclosure of abuse of power and corruptive behavior, as well as for the prevention of serious threats to human health and life and the environment." | |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | Art. 8 "(1) Every information holder shall designate one or more officials for information mediation for the purpose of exercising the right to free access to information. (2) The information holder shall be obliged to inform the public on the official in charge of information mediation." | |
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 | YES | 2 | Art 32. "The Commission shall perform the following tasks: - it shall decide on each complaint against the decision and conclusion whereby an information holder shall reject a request to access information filed by an information requester; - it shall make sure that provisions of the present Law are implemented; - it shall compile and publish a list of information holders; - it shall issue opinions on proposed laws regulating free access to information; - it shall carry out activities regarding the education of information holders to provide information requesters with information disposed of by them; - it shall cooperate with information holders regar ding the exercising of the right to access information; - it shall issue proposals regarding the necessary funding for the Commission's operation in the process of drafting the Budget of the Republic of Macedonia; - it shall adopt the Book of Rules for its operatio n; - it shall draft the annual report on its operation and shall submit it to the Parliament of the Republic of Macedonia; - it shall perform tasks in the field of international cooperation related with the meeting of Republic of Macedonia's international commitments, take part in the implementation of international organizations' projects, and shall cooperate with bodies from other countries and institutions in the field of free access to information of public character; - it shall adopt Statute and other acts to determine the manner of its operation and organization; and - it shall also perform other tasks determined by t he present Law." | |
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 | Not mentioned. | |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Art. 8 "(3) The official in charge of information mediation shall maintain contacts with the information requester and shall provide it with the information and support necessary, and shall maintain appropriate records of information requests received and of information storing and issuing." | |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | YES | 2 | Art. 9 "Each information holder shall be obliged to regularly maintain and update the list of information it disposes with, and to publish such list so as to make it available to the public (on a website, information board etc.)." | |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | YES | 2 | Art. 32 "The Commission shall perform the following tasks: - it shall decide on each complaint against the decision and conclusion whereby an information holder shall reject a request to access information filed by an information requester; - it shall make sure that provisions of the present Law are implemented; - it shall compile and publish a list of information holders; - it shall issue opinions on proposed laws regulating free access to information; - it shall carry out activities regarding the education of information holders to provide information requesters with information disposed of by them; - it shall cooperate with information holders regarding the exercising of the right to access information; - it shall issue proposals regarding the necessary funding for the Commission's operation in the process of drafting the Budget of the Republic of Macedonia; - it shall adopt the Book of Rules for its operation; - it shall draft the annual report on its operation and shall submit it to the Parliament of the Republic of Macedonia; - it shall perform tasks in the field of international cooperation related with the meeting of Republic of Macedonia's international commitments, take part in the implementation of international organizations' projects, and shall cooperate with bodies from other countries and institutions in the field of free access to information of public character; - it shall adopt Statute and other acts to determine the manner of its operation and organization; and - it shall also perform other tasks determined by the present Law." | |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | YES | 2 | Art. 37 "(1) The responsible person within the information holder shall be obliged to draft an annual report regarding the implementation of the present Law, and shall submit this report for the previous year, to the Commission by 31 January of the current year." | |
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 | Art. 32 "The Commission shall perform the following tasks: - it shall decide on each complaint against the decision and conclusion whereby an information holder shall reject a request to access information filed by an information requester; - it shall make sure that provisions of the present Law are implemented; - it shall compile and publish a list of information holders; - it shall issue opinions on proposed laws regulating free access to information; - it shall carry out activities regarding the education of information holders to provide information requesters with information disposed of by them; - it shall cooperate with information holders regarding the exercising of the right to access information; - it shall issue proposals regarding the necessary funding for the Commission's operation in the process of drafting the Budget of the Republic of Macedonia; - it shall adopt the Book of Rules for its operation; - it shall draft the annual report on its operation and shall submit it to the Parliament of the Republic of Macedonia; - it shall perform tasks in the field of international cooperation related with the meeting of Republic of Macedonia's international commitments, take part in the implementation of international organizations' projects, and shall cooperate with bodies from other countries and institutions in the field of free access to information of public character; - it shall adopt Statute and other acts to determine the manner of its operation and organization; and - it shall also perform other tasks determined by the present Law." |
