San Marino
Name of law: 5 October 2011 Law on Administrative Procedures and Access to Administrative Documents
First adopted: 2011
Last modified: 2016-07
RTI Rating last updated: 2022-05
First adopted: 2011
Last modified: 2016-07
RTI Rating last updated: 2022-05
Introduction
The Republic of San Marino's right to information legislation, dating from 2011, contains certain positive elements. Notably, it incorporates a harm test for most exceptions and allows for administrative appeals. San Marino's legal framework has been further developed in recent years. The Regulation of 2 December 2015, No. 16 outlined the Republic’s proactive publication regime, and amendments to its main legislation, introduced through Decree–Law No. 89, 25 July, 2016, removed a problematic requirement that individuals be “interested parties” to access administrative documents. However, the legislation has, contrary to international standards, still retained a residency requirement for making requests for information.Despite recent steps towards transparency, San Marino’s right to information legislation continues to lack key elements of a modern, rights-compliant regime, with points deducted for factors including its overbroad list of exceptions, lack of independent oversight and inadequate promotional measures, including insufficient record-keeping standards. The legislation has an inadequate sanctions and immunities regime and fails to provide clear requirements for accommodating requestors in need of assistance.
The original Italian version of the 5 October 2011 Law on Administrative Procedures and Access to Administrative Documents can be found here. The original Italian version of the Decree–Law No. 89, 25 July 2016 can be found here. The original Italian version of the Regulation of 2 December 2015, No. 16 can be found here.
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 3 | 6 |
| 2 | Scope | 21 | 30 |
| 3 | Requesting Procedures | 12 | 30 |
| 4 | Exceptions & Refusal | 12 | 30 |
| 5 | Appeals | 8 | 30 |
| 6 | Sanctions & Protections | 2 | 8 |
| 7 | Promotional Measures | 1 | 16 |
| ∑ = 59 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | NO | 0 | N/A | |
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 | 25(1). Citizens of San Marino, foreign citizens residing or staying in the Republic and legal persons, associations, foundations and bodies having their registered office in the Republic may have access to the administrative documents in the possession of the Administration also independently from the purpose of protecting qualified and differentiated legal positions and without the need to justify the request for access. The exercise of access is guaranteed and regulated by the following provisions and by the implementing regulations of this law. They are, however, subject to the special rules. | |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | Partially | 1 | 2(1). In its relations with citizens, the Administration, in addition to complying with the criteria set forth in Article 1, shall abide by the principles of good faith and transparency, refraining from any arbitrary act and any unnecessary formalism, such as to make the procedure unnecessarily more burdensome. Regulations of 2 December 2015, No. 16, 1(2). In order to encourage widespread forms of control over the pursuit of institutional functions and the use of public resources as well as to prevent corruption and promote the efficiency and effectiveness of administrative action, transparency is understood as total accessibility to the information referred to in the following articles. | A clear statement regarding the benefits of the right to information is missing from the 5 October 2011 law that governs reactive disclosure. Article 2(1) of this legislation has some general statements about proper administrative practice, although the 2015 regulation on reactive disclosure contains a clearer statement. There is no reference to interpretation. |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | Partially | 1 | 25(1). Citizens of San Marino, foreign citizens residing or staying in the Republic and legal persons, associations, foundations and bodies having their registered office in the Republic may have access to the administrative documents in the possession of the Administration also independently from the purpose of protecting qualified and differentiated legal positions and without the need to justify the request for access. The exercise of access is guaranteed and regulated by the following provisions and by the implementing regulations of this law. They are, however, subject to the special rules. | Only foreign residents, not foreigners in general. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 26(1). Administrative documents are all documents or sets of documents that are produced or received by the Administration in the performance of its duties and functions for the protection of the public interest as well as the exercise of public services, regardless of their date, form and material support. | Conditioned by being in the performance of its duties for the protection of the public interest and public services. |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | Partially | 1 | 25(1). Citizens of San Marino, foreign citizens residing or staying in the Republic and legal persons, associations, foundations and bodies having their registered office in the Republic may have access to the administrative documents in the possession of the Administration also independently from the purpose of protecting qualified and differentiated legal positions and without the need to justify the request for access. The exercise of access is guaranteed and regulated by the following provisions and by the implementing regulations of this law. They are, however, subject to the special rules. 26. 1. Administrative documents are all documents or sets of documents that are produced or received by the Administration in the performance of its duties and functions for the protection of the public interest as well as the exercise of public services, regardless of their date, form and material support. 2. The rules set forth in this title shall also apply to administrative records produced or received by the Great and General Council and the Congress of State unless the Council or Congress provides otherwise by its respective regulations. Regulation of 2 December 2015, No. 16, 3 (1). The following information relating to acts and measures of the Administration and concerning the use of public resources shall be fully accessible: a) documents and addenda to the economic program, the budgets and related changes and the financial statements, as well as revenue and expenditure data published in summary form, aggregated and simplified, also with the use of graphical representations in order to ensure full accessibility and comprehensibility; b) identifying information about properties owned as well as the rents paid or received; c) decisions, together with the acts to which they refer, made by the bodies responsible for checking validity before and after enactment , accounting and administrative, of acts and measures relating to expenditure and personnel management; d) indicators of average payment schedules relating to the purchase of goods, services and supplies, works and labor contracts, the conferment of professional, collaborative and consultancy contracts. refers only to a right to access to "documents". Regulation of 2nd December 2015 No 16, 4: .The following information regarding the following areas shall be accessible: a) administrative acts and measures relating to the public procurement of works, labor, services and supplies, in accordance with the relevant special regulations; b) planning relating to the public works sector, indicating for each work the description of the main characteristics of the work, the location, references to urban planning forecasts and the presumed amount of expenditure; c) acts and measures relating to the field of general and detailed planning of the territory, in accordance with the provisions of Articles 3 and 4 respectively of the Law of 19 July 1995 n.87 and by Chapter II of Law 3 October 2007 n.107; d) information relating to the environmental sector, in accordance with the provisions of Chapter II of Title VIII of Delegated Decree no. 44 of 27 April 2012 "Environmental Code"; e) information related to health, social and socio-educational services. They are published and updated annually: 1) Health Plan, Social Health Plan, and Social Education Plan; 2) further planning documents referred to in articles 4 and 5 of Law no. 165 of November 30, 2004; 3) list of public and private health, social-health and socio-educational facilities authorized and accredited pursuant to Laws n.68 and n.69 of May 25, 2004 and subsequent amendments; 4) Waiting times for each of the types of services provided by the health service and other indicators provided by the Health Plan. | 5 October 2011 Law on Administrative Procedures and Access to Administrative Documents as amended in 2016 refers only to documents. "Documents" are, however, defined fairly broadly. Regulation of 2 December 2015, No. 16 refers to "information". However, the regulation's scope is limited to categories of information subject to proactive disclosure. |
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 | 1 (2-4). 2. Except as provided under Title IV, this law applies a) to the Public Administration, understood as the entire complex of organs, offices, services, companies and autonomous bodies of the State, also known as the Administration; b) to "interested parties", i.e., recipients of administrative measures that affect a specific legal situation of which they are holders. 3. The provisions of this Act shall also apply to the Administration and to public or private persons providing a public service, if and insofar as they are compatible and subject to specific regulations. 4. If the Administration is not required to comply with specific regulations governing individual procedures, it shall carry out its actions in accordance with the provisions of this law. The provisions of this law, however, integrate, if necessary and insofar as they are compatible, the rules governing individual procedures. 1(5). The provisions of this Act shall not apply: a) to jurisdictional proceedings; b) acts of a non-authoritative nature, for which the rules of private law apply; c) acts resulting from particular procedures regulated by special laws; d) regulatory acts; e) acts of political content; f) acts of general content, planning and programming. | |
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 | Partially | 2 | 26. 1. Administrative documents are all documents or sets of documents that are produced or received by the Administration in the performance of its duties and functions for the protection of the public interest as well as the exercise of public services, regardless of their date, form and material support. | 26(2) explicitly previously indicated that the rules extended to the Great and General Council and the Congress of State. In view of the repeal of this subsection in 2016, it is unclear whether the law still applies to the legislative branch. Two points deducted due to lack of clarity on this. |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | 1(2). Except as provided under Title IV, this Act shall apply: a) to the Public Administration, understood as the entire complex of organs, offices, services, companies and autonomous bodies of the State, also known as the Administration. 1(5) The provisions of this Act shall not apply: a) to jurisdictional proceedings... | The scope of "public administration" is not clear but does not explicitly include the judiciary. The meaning of "jurisdictional proceedings" is also unclear but would appear to exempt certain judicial proceedings from disclosure obligations. As a result, two points have been deducted. |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 1(2). Except as provided under Title IV, this law applies, this Act shall apply: a) to the Public Administration, understood as the entire complex of organs, offices, services, companies and autonomous bodies of the State, also known as the Administration... | 1 point subtracted due to the lack of definition of "companies of the state" |
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 | 1(2). Except as provided under Title IV, this law applies, this Act shall apply: a) to the Public Administration, understood as the entire complex of organs, offices, services, companies and autonomous bodies of the State, also known as the Administration... | |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 1(3). The provisions of this Act shall also apply to the Administration and to public or private persons providing a public service, if and insofar as they are compatible and subject to specific regulations. | Limited coverage because of the qualifications on persons providing public services (and no mention of bodies receiving public funding), but one point given. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | 25(1). Citizens of San Marino, foreign citizens residing or staying in the Republic and legal persons, associations, foundations and bodies having their registered office in the Republic may have access to the administrative documents in the possession of the Administration also independently from the purpose of protecting qualified and differentiated legal positions and without the need to justify the request for access. The exercise of access is guaranteed and regulated by the following provisions and by the implementing regulations of this law. They are, however, subject to the special rules. Regulation of 2 December 2015, No. 16, 9(1-2). 1. The obligation of the Administration to publish documents, information or data as set out in the above articles entails the right of anyone to request those things in cases where their publication has been omitted through the exercise of civic access in accordance with the provisions of this article. 2. The request for civic access is not subject to any limitation as to the subjective legitimacy of the applicant, does not have to be justified, is free of charge and must be submitted to the person identified as the Manager of Transparency who reports the request to the DGFP for the purposes of the provisions of Article 11. | |
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 | N/A | The contact information requestors have to provide is not specified in the 2011 legislation. One point subtracted due to silence of the legislation. |
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 | 10. 1. Any request addressed to the Public Administration must be presented or sent in writing, unless special provisions establish a different form, to the relevant body to issue the measure. 2. Unless the law requires the preparation of a specific report, the petitions shall be noted and a receipt issued directly to the petitioner or by registered mail with return receipt, if the petition is sent by regular mail. 3. No receipt shall be issued: (a) when the action requested is issued immediately; (b) when the application is served by a judicial officer. 4. When the application has been sent in the form and manner referred to in paragraph 5, the issuance of a receipt is not mandatory. 5. Unless the law provides otherwise, the dispatch of the applications referred to in paragraph 1 may be carried out by mail, by registered letter with advice of receipt or by telematic means or by fax, according to the laws in force. Dispatch by telematic means is equivalent to dispatch by post if it is carried out in accordance with the methods and forms referred to in article 3 of Law no. 115 of July 20, 2005, taking account of Decree no. 156 of September 8, 2005 and in any case in accordance with the regulations in force regarding transmission by telematic means. | |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | Partially | 1 | 27(4). The Administration, as far as possible, shall collaborate with the interested party in identifying the requested document. 29(2). The Administration is not required to process requests for access: a) if it accepts the opposition presented by the parties concerned pursuant to article 25, paragraph 3; b) if they are not sufficiently precise or are worded in such a way that the requested document cannot be identified; c) if they are manifestly unreasonable, abusive, pretextual and quantitatively excessive. | 1 point deducted due to the vagueness of the kind of assistance implied by the duty to "collaborate" with the party |
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 | 28(2). Consultation of the documents is carried out by the applicant or by a person appointed by the applicant, even with the possible assistance of another person, whose details must be indicated in the request. The person carrying out the consultation may take notes and transcribe all or part of the documents examined, unless this is forbidden by special provisions. | No specific accommodations are outlined other than allowing for an applicant to appoint someone to assist |
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 | Partially | 1 | 10(1). Any request addressed to the Public Administration must be presented or sent in writing, unless special provisions establish a different form, to the relevant body to issue the measure. (2) Unless the law requires the preparation of a specific report, the petitions shall be noted and a receipt issued directly to the petitioner or by registered mail with return receipt, if the petition is sent by regular mail. (3) No receipt shall be issued: (a) when the action requested is issued immediately; (b) when the application is served by a judicial officer. | It is unclear whether the provision on the need to provide receipts applies to requests for information, as the provision appears within the part of the legislation regarding the initiation of administrative proceedings. Moreover, there are exceptions to the provision of receipts. 1 point awarded out of an abundance of caution. |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | Article 27.4. The administration as far as possible, cooperates with the interested party in idenfying the document requested. If the requested office is not in possession of the document requested, or if it is not authorised to grant access, it will, as far as possible, direct the applicant to the competent office. 5. Where an office of the Administration recieves a request for access to a document of which it no longer has custody [...] the requested office shall forward the application to the office which has custody of the document and inform the person concerned accordingly. | In most cases this will lead to a referral so only one point allocated. |
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 | Partially | 1 | 28. 1. Access is exercised at the choice of the requester, taking into account the technical possibilities of the Administration, in one or more of the following ways, without prejudice to particular methods of access provided for by special regulations: a) by free consultation on the premises of the office that keeps the records, provided its state of preservation permits; b) by copy as long as it does not damage the document, or is not prohibited for certain acts and documents by special rules. The cost of the copy shall be borne by the applicant and may not exceed the cost of reproduction. At the request of the interested party, copies shall be certified; c) by free electronic mail if the document is available in an electronic format that guarantees the un-modifiability of its content. 2. Consultation of the documents is carried out by the applicant or by a person appointed by the applicant, even with the possible assistance of another person, whose details must be indicated in the request. The person carrying out the consultation may take notes and transcribe all or part of the documents examined, unless this is forbidden by special provisions. 3. A special regulation will establish the fees for the reproduction and copying of the documents referred to in letter b) of paragraph 1, as well as for any authentication. | 1 point deducted due to the proviso "taking into account the technical possibilities of the Administration, in one or more of the following ways, without prejudice to particular methods of access provided for by special regulations" and due to the requirement that electronic formats not be modifiable. |
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 | 29(1). The authorities concerned shall act within thirty days from the date of receipt of the request or from the expiry of the term granted to one or more interested parties to submit any opposition pursuant to article 25, paragraph 3, after which Article 10, paragraph 2, of Law no. 68 of June 28, 1989 shall apply | No mention of requirement to respond as soon as possible. |
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 | 25(3). The Director General of the Civil Service, the organizational units, the Departments, the Autonomous State Agencies and the wider Public Sector Bodies to which the request for access is addressed are obliged, should counterinterested parties be identified or easily identifiable pursuant to article 30, to notify them by sending a copy of the request by registered letter with advice of receipt or through secure computer channels, in accordance with the provisions of the relevant regulations. Within thirty days of receipt of the communication, the interested parties may present a reasoned objection, also with reference to the need to protect personal data; once this term has elapsed the Administration, having ascertained receipt of the communication, shall act on the request within the term provided for in article 29, paragraph 1. 29(1). The authorities concerned shall act within thirty days from the date of receipt of the request or from the expiry of the term granted to one or more interested parties to submit any opposition pursuant to article 25, paragraph 3, after which Article 10, paragraph 2, of Law no. 68 of June 28, 1989 shall apply. | 30 calendar days is equivalent to 20 working days, so one point is awarded. |
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 | NO | 0 | 25(3). The Director General of the Civil Service, the organizational units, the Departments, the Autonomous State Agencies and the wider Public Sector Bodies to which the request for access is addressed are obliged, should counterinterested parties be identified or easily identifiable pursuant to article 30, to notify them by sending a copy of the request by registered letter with advice of receipt or through secure computer channels, in accordance with the provisions of the relevant regulations. Within thirty days of receipt of the communication, the interested parties may present a reasoned objection, also with reference to the need to protect personal data; once this term has elapsed the Administration, having ascertained receipt of the communication, shall act on the request within the term provided for in article 29, paragraph 1. 29(1). The authorities concerned shall act within thirty days from the date of receipt of the request or from the expiry of the term granted to one or more interested parties to submit any opposition pursuant to article 25, paragraph 3, after which Article 10, paragraph 2, of Law no. 68 of June 28, 1989 shall apply. | The rules regarding extensions in the 2011 legislation, except where third parties need to be contacted, are unclear. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | Partially | 1 | 28(1). Access is exercised at the choice of the requester, taking into account the technical possibilities of the Administration, in one or more of the following ways, without prejudice to particular methods of access provided for by special regulations: a) by free consultation on the premises of the office that keeps the records, provided its state of preservation permits; b) by copy as long as it does not damage the document, or is not prohibited for certain acts and documents by special rules. The cost of the copy shall be borne by the applicant and may not exceed the cost of reproduction. At the request of the interested party, copies shall be certified; c) by free electronic mail if the document is available in an electronic format that guarantees the un-modifiability of its content. | Although the legislation specifies in-situ consultation is "free", it does not explicitly stipulate that requests are free. |
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 | 28(1)(b)...The cost of the copy shall be borne by the applicant and may not exceed the cost of reproduction. At the request of the interested party, copies shall be certified; c) by free electronic mail if the document is available in an electronic format that guarantees the un-modifiability of its content. 28(3). A special regulation will establish the fees for the reproduction and copying of the documents referred to in letter b) of paragraph 1, as well as for any authentication. | No provision for first 20 pages to be free of charge. |
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 | 32. 1. Anyone who accesses administrative documents pursuant to Article 25 shall be responsible for the use of the data and information collected. 2. Public data and information collected as a result of access to administrative documents granted pursuant to this Law may be used within the limits of the protection of legally relevant situations. 3. In any event, any use for commercial purposes of data and information collected as a result of access to administrative documents granted pursuant to this law is prohibited. 33. 1. The data and information contained in documents made public pursuant to Article 31 may be freely used, unless expressly prohibited by special rules, even for purposes other than those of the public interest protection mission or the public service mission for which the documents were produced or received. 2. Any use of the consulted documents in conflict with the law of literary property or with the rules of copyright is forbidden. Regulation of 2 December 2015, No. 16, 8(1). All documents, information and data subject to publication under the above articles are public and anyone has the right to know and use them freely under Article 33 of Law n.160/2011, with the obligation to cite the source and respect integrity. | Although the 2015 regulation governing proactive disclosure has fewer limits on reuse, the 2011 legislation governing reactive disclosure has strict limitations on reuse, so no points are awarded. |
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 | 30(7). In any case, the specific provisions of the law in force that limit access to administrative documents remain valid. | |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 5 | 1(5). The provisions of this Act shall not apply: a) to jurisdictional proceedings; b) acts of a non-authoritative nature, for which the rules of private law apply; c) acts resulting from particular procedures regulated by special laws; d) regulatory acts; e) acts of political content; f) acts of general content, planning and programming. 30. 1. Access is excluded for all acts and documents expressly declared confidential by law. 2. Access shall be limited, deferred, or denied if it would cause prejudice: a) to the exercise of sovereignty and the national defense of the Republic; b) to the foreign policy or international relations of the Republic; c) to State security, public order and public safety, or the safety of persons; e) to the prevention of crimes and investigation activities for the detection and suppression of criminal, administrative, fiscal, customs or currency offences, or in any case deriving from the violation of laws or regulations; f) to the economic and financial policy of the Republic; g) to the performance of all inspection, control and supervisory activities. 3. Access is also limited, deferred, or denied: a) if it may cause the disclosure of information freely provided by a third party to an authority that is bound to secrecy; b) if it may result in the disclosure of professional secrets, or secrets relating to trade or industry; c) if it may affect the privacy of others. 4. Only those directly involved can gain access: a) to documents relating to persons containing data and information of a confidential nature, such as personal data revealing racial or ethnic origin, religious, philosophical or other beliefs, political opinions, membership of parties, associations or organizations of a religious, philosophical or political nature; b) to documents containing personal data that can reveal one’s state of health or, in any case, data or information of a healthcare nature; c) to documents containing personal data revealing sex life or confidential family relationships; d) to administrative documents relating to personnel-selection procedures containing information of a psycho-aptitude nature. 5. The right of access to health records shall be enjoyed by both the individuals concerned and, at their option, the physician(s) designated for that purpose. 6. When the request for access concerns a document that contains mentions or information that are not accessible pursuant to this article, but that it is possible to redact or delete, consultation shall be permitted once the mentioning or information has been redacted or deleted. 7. In any case, the specific provisions of the law in force that limit access to administrative documents remain valid . 8. The limitations referred to in the present article cease once the documents have become consultable in accordance with the norms on the consultability of documents stored in the State Archives. | 1 point deducted for each of the following: the exclusion of "acts of a non-authoritative nature, for which the rules of private law apply" (1(5)b); the exclusion of "acts of political content"(1(5)(e)); the exclusion of "acts of general content, planning and programming" (1(5)(f)); the exception for "foreign policy" (30(2)(b)) because it should not extend beyond international relations; the exception for "economic and financial policy" (30(2)(f)), which appears broader than permissible exceptions for managing the economy, such as through setting interest rates. Although illegitimate, no further points were deducted for the following exceptions, which appear to have already been accounted for in Indicator 28: the exclusion of all documents declared confidential by law (30(1)) the limitation, deferral or denial of access "if it may cause the disclosure of information freely provided by a third party to an authority that is bound to secrecy" (30(3)(a)); the reference to "the specific provisions of the law in force that limit access to administrative documents remain valid" (30(7)), which potentially allows for other categories to be excluded. |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | YES | 4 | 30. 1. Access is excluded for all acts and documents expressly declared confidential by law. 2. Access shall be limited, deferred, or denied if it would cause prejudice: a) to the exercise of sovereignty and the national defense of the Republic; b) to the foreign policy or international relations of the Republic; c) to State security, public order and public safety, or the safety of persons; e) to the prevention of crimes and investigation activities for the detection and suppression of criminal, administrative, fiscal, customs or currency offences, or in any case deriving from the violation of laws or regulations; f) to the economic and financial policy of the Republic; g) to the performance of all inspection, control and supervisory activities. 3. Access is also limited, deferred, or denied: a) if it may cause the disclosure of information freely provided by a third party to an authority that is bound to secrecy; b) if it may result in the disclosure of professional secrets, or secrets relating to trade or industry; c) if it may affect the privacy of others. 4. Only those directly involved can gain access: a) to documents relating to persons containing data and information of a confidential nature, such as personal data revealing racial or ethnic origin, religious, philosophical or other beliefs, political opinions, membership of parties, associations or organizations of a religious, philosophical or political nature; b) to documents containing personal data that can reveal one’s state of health or, in any case, data or information of a healthcare nature; c) to documents containing personal data revealing sex life or confidential family relationships; d) to administrative documents relating to personnel-selection procedures containing information of a psycho-aptitude nature. 5. The right of access to health records shall be enjoyed by both the individuals concerned and, at their option, the physician(s) designated for that purpose. 6. When the request for access concerns a document that contains mentions or information that are not accessible pursuant to this article, but that it is possible to redact or delete, consultation shall be permitted once the mentioning or information has been redacted or deleted. 7. In any case, the specific provisions of the law in force that limit access to administrative documents remain valid . 8. The limitations referred to in the present article cease once the documents have become consultable in accordance with the norms on the consultability of documents stored in the State Archives. | 30(3)(a) and 30(1) are not harm-tested, but they are already covered under Indicator 29, so no further points are deducted. |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | 30(8). The limitations referred to in the present article cease once the documents have become consultable in accordance with the norms on the consultability of documents stored in the State Archives. | The legislation defers to the norms on state archives. There is no clause requiring earlier release. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | 2(3). Where, due to the number of interested parties, personal communications, publication and notification are not possible or are particularly burdensome, the Administration shall provide for the necessary elements to be made known by means of suitable forms of publicity established from time to time by the Administration itself. 25(3). The Director General of the Civil Service, the organizational units, the Departments, the Autonomous State Agencies and the wider Public Sector Bodies to which the request for access is addressed are obliged, should counterinterested parties be identified or easily identifiable pursuant to article 30, to notify them by sending a copy of the request by registered letter with advice of receipt or through secure computer channels, in accordance with the provisions of the relevant regulations. Within thirty days of receipt of the communication, the interested parties may present a reasoned objection, also with reference to the need to protect personal data; once this term has elapsed the Administration, having ascertained receipt of the communication, shall act on the request within the term provided for in article 29, paragraph 1. 29(1). The authorities concerned shall act within thirty days of the date of receipt of the request or from the expiry of the term granted to one or more interested parties to submit any opposition pursuant to article 25, paragraph 3, after which Article 10, paragraph 2, of Law no. 68 of June 28, 1989 shall apply. 31(3). In any case, administrative documents that fall under the cases provided for in Article 30 or that contain data, mentions or information of a personal nature may not be made public before such data, mentions or information have been redacted or before they have been processed in such a way as to make it impossible to identify the persons named therein unless they consent to it. | 1 point deducted, as the 30 day processing period runs from either the original request or receipt of the notification to interested parties, thus implying more than 30 days from the request in cases where third party notification is required. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | Partially | 1 | 29 (7). Acceptance of a request for access to a document entails the right of access to the other documents referred to in the same document and belonging to the same procedure, subject to the exceptions laid down by law and in Article 30. 31(3). In any case, administrative documents that fall under the cases provided for in Article 30 or that contain data, mentioninings or information of a personal nature may not be made public before such data, mentions or information have been redacted or before they have been processed in such a way as to make it impossible to identify the persons named therein unless they consent to it. 30. 1. Access is excluded for all acts and documents expressly declared confidential by law. 2. Access shall be limited, deferred, or denied if it would cause prejudice... | 1 point has been awarded out of an abundance of caution, as it does allow for some documents to be redacted. However, the legislation does not have appear to impose a duty to in fact redact these documents. |
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 | 1(2). Except as provided under Title IV, this law applies a) to the Public Administration, understood as the entire complex of organs, offices, services, companies and autonomous bodies of the State, also known as the Administration; b) to "interested parties", i.e., recipients of administrative measures that affect a specific legal situation of which they are holders. 24(1). The measures are communicated to the "interested parties" referred to in article 1, paragraph 2, letter b), and must contain an indication of the period within which they may be challenged and the authority to which it is possible to appeal. 25(1). Citizens of San Marino, foreign citizens residing or staying in the Republic and legal persons, associations, foundations and bodies having their registered office in the Republic may have access to the administrative documents in the possession of the Administration also independently from the purpose of protecting qualified and differentiated legal positions and without the need to justify the request for access. The exercise of access is guaranteed and regulated by the following provisions and by the implementing regulations of this law. They are, however, subject to the special rules. 29(4-5). The measure with which the Administration declares that it cannot proceed with the examination of the request for access pursuant to paragraph 2, or with which it limits, postpones or refuses access pursuant to paragraph 3 must be formulated in writing and must state the reasons. 5. The measure referred to in paragraph 4 may be challenged before the administrative bodies with jurisdiction in accordance with common principles. | 1 point deducted for not informing the applicant in the refusal of the right to appeal. The provisions specific to reactive disclosure (29(4-5)) do not require informing requestors of the right to appeal. Although following 2016 amendments, requestors are no longer required to be "interested parties" to make a request (25(1)), it does not appear that the duty to inform of appeal procedures would apply to all requests for information, as the more general provision on providing reasons for administrative refusals (24(1)) appears to still be restricted to "interested parties", which is defined narrowly as "recipients of administrative measures that affect a specific legal situation of which they are holders" (1(2)(b)). 1 point is awarded out of an abundance of caution because the legislation requires the provision of reasons. However, the legislation does not provide guidance as to the adequacy of the reasons, nor does it specify that they should indicate the exact grounds for refusal. |
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 | Article 12 of Legge No. 68/1989 Anyone who is directly affected by an act of the Administration referred to in the preceeding, any person who is directly affected by an act of the Administration referred to in the preceeding articles may lodge an appeal against it with the same body that issued the act, on the grounds of competence, legitimacy and merit [...] The administrative body hearing the appeal [...] decide within a maximum of 15 days from the reciept of the appeal in opposition, whether to reject the appeal or to annul or to reform it. The appellant shall be notified immediately of the decision. | Timeline is less than the 20 days stated |
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 | Regulation of 2 December 2015, No. 16, 9. 1. The obligation of the Administration to publish documents, information or data as set out in the above articles entails the right of anyone to request those things in cases where their publication has been omitted through the exercise of civic access in accordance with the provisions of this article. 2. The request for civic access is not subject to any limitation as to the subjective legitimacy of the applicant, does not have to be justified, is free of charge and must be submitted to the person identified as the Manager of Transparency who reports the request to the DGFP [General Directorate for Public Administration] for the purposes of the provisions of Article 11. | The only oversight body listed in the legislation is the General Directorate for Public Administration (DGFP). However, this does not appear to be an independent commission/ombudsperson, but rather an internal government body, so no points have been awarded. In addition, the 5 October 2011 Law on Administrative Procedures and Access to Administrative Documents does not even provide for an appeal to the DGFP. Consequently, requests for documents to the DGFP are limited to failure to provide the kinds of information subject to proactive publication requirements under the 2015 regulation. |
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 | 25(2). The Directorate General of the Civil Service monitors the correct application of the provisions on access and verifies, at the request of the Administrations concerned, the legitimacy of the requests, the conformity of the methods of exercise and the application of any limits placed on the exercise of access. | The appointment procedures for the Directorate General of the Civil Service are not outlined in this legislation, and it would not appear to be an independent body. |
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 | 25(2). The Directorate General of the Civil Service monitors the correct application of the provisions on access and verifies, at the request of the Administrations concerned, the legitimacy of the requests, the conformity of the methods of exercise and the application of any limits placed on the exercise of access. Regulation of 2 December 2015 No. 16, 11(5). The DGFP shall also report non-compliance or partial compliance with publication requirements to the State Congress. | Although the Directorate General of the Civil Service (DGFP) has limited reporting duties to the State Congress in respect of non-compliance with proactive disclosure obligations, the legislation does not outline any effective mechanisms to protect the independence of the DGFP, which does not appear to be an independent oversight body, but rather part of the administration. |
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. | No appointment requirements/prohibitions are outlined in the legislation. |
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 | 25(2). The Directorate General of the Civil Service monitors the correct application of the provisions on access and verifies, at the request of the Administrations concerned, the legitimacy of the requests, the conformity of the methods of exercise and the application of any limits placed on the exercise of access. Regulation of 2 December 2015, No. 16, 11. 1. The DGFP shall control, through the Internal and External Communication Service, the exact fulfilment of the obligations of publication provided for by article 31 of Law n.160/2011, by these regulations and by special laws as well as the compliance with the acts of address referred to in article 12, paragraphs 1 and 2 below by bodies, offices, services, companies and autonomous public bodies o the State; to this end, it exercises inspection powers through requests for news, information and documents and orders for the adoption of acts or measures or the removal of conduct or acts contrary to the rules on transparency. | The Directorate General of the Civil Service (DGFP) does not appear to constitute an independent oversight body but rather appears to be part of the administration. Moreever, the investigatory powers of the DGFP are not specified in the 2011 legislation that governs reactive disclosure. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | N/A. | |
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 | Regulation of 2 December 2015, No. 16, 11(3). In the exercise of the powers referred to in paragraph 1 and in Article 12, paragraphs 1 and 2 below, the DGFP [General Directorate for Public Administration] shall exercise vertical line functions in relation to the Directors and Managers of the autonomous public companies and bodies of the State. Regulation of 2 December 2015, No. 16, 12(2). The DGFP has the power, in accordance with the provisions of Article 23, paragraph 3, letters b) and f) of Law no. 188/2011 to issue directives, guidelines and circulars implementing these regulations and to monitor compliance with them, with particular reference to the need to ensure the easy accessibility of the data published on institutional websites, including through the implementation of the web portal of the Public Administration. | No points are awarded primarily because the Directorate for Public Administration does not appear to qualify as an independent oversight body but appears instead to be part of the administration. Moreover, the remedial powers of this body are not specified in the 2011 legislation but only in the 2015 regulation governing reactive disclosure, which refers to "vertical line functions" and the ability to issue "directives". The somewhat unclear remedial powers of this body would therefore appear to be limited to failures to abide by publication duties and requests for access to information subject to publication requirements under the 2015 regulations. |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 29(5)The measure referred to in paragraph 4 may be challenged before the administrative courts with jurisdiction in accordance with common principles. 42. 1. An administrative measure is null and void if it lacks essential elements, is vitiated by an absolute defect of attribution, has been adopted in violation or circumvention of a judgement, as well as in the other cases expressly provided for by law. 2. Appeals relating to the nullity of administrative measures are attributed to the exclusive jurisdiction of the Administrative Judge. 29(4-5). 4. The measure with which the Administration declares that it cannot proceed with the examination of the request for access pursuant to paragraph 2, or with which it limits, postpones or refuses access pursuant to paragraph 3 must be formulated in writing and must state the reasons. 5. The measure referred to in paragraph 4 may be challenged before the administrative bodies with jurisdiction in accordance with common principles. | |
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 | |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 2 | Article 9 of Legge 68/1989 The bodies of administrative justice are called upon to decide on appeals on grounds of lack of competence, excess of power or infringement of law against acts or measures of institutional bodies of the public administration in general, including acts of administrative bodies. | No specific mention of the right to access information, however the scope of appeals is broad. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Article 12 of Legge 68/1989 The administrative body hearing the case shall (a) pronounce, where appropriate, such measures suspending the enforceability of the deed deemed appropriate; (b) decide within a maximum of 15 days from the reciept of appeal whether to reject the appeal or to annul or modify it. The decision shall be communicated immediately to the party. | |
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 | 29(5). The measure referred to in paragraph 4 may be challenged before the administrative courts with jurisdiction in accordance with common principles. | It is unclear what "common principles" refers to or if the appellate burden of proof standards are outlined in other legislation defining "common principles". |
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. | |
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 | Regulation of 2 December 2015, No. 16, 11(2). 2. Non-fulfilment or partial fulfilment of the obligations of publication as well as non-compliance with the acts of guidance referred to in article 12 below, paragraphs 1 and 2, constitutes, in relation to the seriousness of the infringement, a violation of the duties of the manager or, in cases where the function of Head of Transparency has been delegated, of the person responsible for the publication and dissemination of information, sanctioned in accordance with the regulations in force. This infraction also constitutes an element of evaluation of the performance of the manager or the person responsible and a possible cause of liability for damage to the image of the Administration. | 1 point awarded because the 2015 regulation allows for sanctions for non-fulfillment of organising and proactively publicising documents. However, these sanctions only cover proactive publication. |
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 | Regulation of 2 December 2015, No. 16, 11(2). 2. Non-fulfilment or partial fulfilment of the obligations of publication as well as non-compliance with the acts of guidance referred to in article 12 below, paragraphs 1 and 2, constitutes, in relation to the seriousness of the infringement, a violation of the duties of the manager or, in cases where the function of Head of Transparency has been delegated, of the person responsible for the publication and dissemination of information, sanctioned in accordance with the regulations in force. This infraction also constitutes an element of evaluation of the performance of the manager or the person responsible and a possible cause of liability for damage to the image of the Administration. | The provision relates to proactive disclosure obligations and applies only to managers. Therefore, it does not provide a clear means to redress systemic failures to disclose information. |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | NO | 0 | N/A. | |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | Partially | 1 | Decree, Law No. 89, 25 July 2016, 1 (4-5). 4. A witness who, on the basis of reasonable suspicion and in good faith, has provided statements in criminal proceedings relating to the offences referred to in Title IV, Chapter IV of the Criminal Code shall not be subjected to any prejudice, retaliatory or discriminatory measure, whether direct or indirect, affecting working conditions for reasons connected, directly or indirectly, with the testimony given. In such cases, when there is evidence of the retaliatory or discriminatory nature of the measures taken, the burden of proof of the existence of legitimate reasons for such measures shall lie with the employer. Any sanctions or disciplinary measures adopted by the employer in violation of the provisions of the first sentence of this paragraph shall be null and void. The measures referred to in this paragraph are also recognized to protect the next of kin of the witness, if employed by the same employer. 5. The protections referred to in paragraph 4 shall not be guaranteed in cases where it is established, even with a judgment of first instance, the criminal responsibility of the witness for the crimes of slander or false testimony or defamation or its civil liability, and for the same reasons, in cases of fraud or gross negligence. | The protection for whistleblowers is limited to those providing statements in criminal proceedings. As a result, only one point is awarded. |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | Partially | 1 | Regulation of 2 December 2015, No. 16, 7. 1. Officials with managerial qualifications are, as a rule and unless delegated to employees with qualifications/PDR of head of operational units, the persons responsible for transparency in relation to the obligations of publication and dissemination existing in the offices, services, internal organizational units of companies and autonomous public bodies of the State directed by themselves. 2. Officials with managerial status are also responsible for transparency in relation to the obligations imposed on the State bodies referred to in Article 2, paragraph 1, letter b), number 1) which relate to the administrative sector for which they are responsible. | Not specified in the 5 October 2011 Law on Administrative Procedures and Access to Administrative Documents. Only specified in the 2015 regulation governing proactive publication. |
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 | 25(2). The Directorate General of the Civil Service monitors the correct application of the provisions on access and verifies, at the request of the Administrations concerned, the legitimacy of the requests, the conformity of the methods of exercise and the application of any limits placed on the exercise of access. | No mention of promotional activities, only monitoring compliance. |
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 | |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | 4(1). 1. In the exercise of its functions, for a more efficient carrying out of its activity, the Administration shall avail itself, both in internal relations between the various offices, bodies and companies, and with private individuals, of electronic, computerized and telematic techniques and means, within the limits allowed by the laws in force. Regulation of 2 December 2015, No. 16, 10(1). The Administration shall guarantee the quality of the information contained in the institutional websites in compliance with the publication obligations established by the preceding articles, ensuring its integrity, constant updating, completeness, timeliness, ease of consultation, comprehensibility, homogeneity, ease of access, conformity with the original documents in the possession of the Administration itself, the indication of their origin as well as their usability in accordance with the provisions of Article 33 of Law n.160/2011. 12(1)The DGFP, through the Internal and External Communication Service, shall define criteria, models and standard schemes for the organization, codification and representation of documents, information and data subject to publication in accordance with article 31 of Law n.160/2011, with these regulations and with special rules, having consulted, until its replacement by the User Guarantee Authority, the Guarantor for the protection of confidentiality of personal data referred to in article 15 of Law n.70/1995. | No points awarded because the quality of information guarantee is found in the 2015 regulation on proactive publication of information, thereby limiting the kinds of information subject to the standards. |
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 | 31(2). The Administration, on its own initiative, in order to promote the transparency and effectiveness of administrative action as well as the participation of citizens in the care and protection of the public interest, also using electronic and telematic tools, takes the necessary measures for the publication and dissemination of knowledge of administrative documents produced or received by it. | No points awarded due to the vagueness of this provision. |
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. | |
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 | NO | 0 | 25(2). The Directorate General of the Civil Service monitors the correct application of the provisions on access and verifies, at the request of the Administrations concerned, the legitimacy of the requests, the conformity of the methods of exercise and the application of any limits placed on the exercise of access. Regulation of 2 December 2015, No. 16, 11(5). The DGFP shall also report non-compliance or partial compliance with publication requirements to the State Congress. | No points awarded due to the lack of system for reporting on implementation. Reporting requirements appear to be limited to non or partial compliance with publication obligations. |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | NO | 0 | 25(2). The Directorate General of the Civil Service monitors the correct application of the provisions on access and verifies, at the request of the Administrations concerned, the legitimacy of the requests, the conformity of the methods of exercise and the application of any limits placed on the exercise of access. Regulation of 2 December 2015, No. 16, 11(5). The DGFP shall also report non-compliance or partial compliance with publication requirements to the State Congress. | No points awarded because of the very limited scope of the reporting required under the 2015 regulation. The reporting does not monitor overall implementation of the law, but instead appears to be limited to non or partial compliance with proactive publication obligations. The 5 October 2011 Law on Administrative Procedures and Access to Administrative Documents requires verification of "the correct application of the provisions on access" only at the request of administrations concerned, as opposed to requiring preparation of a consolidated report. |
