By Indicator detail

Please find below the lists of indicators that have been used to analyse each law. You can click on each of them and you will get the result for that indicator in each country.

Country

Description

Scoring instructions

Max score

Finding

Points

Article

Comments

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Constitution 50. The citizens of Afghanistan have the right of access to the information from the government offices in accordance with the provisions of law. This rights has no limits except violation of the rights of the others and public security.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Article 23 of Albanian Constitution:1. The right to information is guaranteed. 2. Everyone has the right, in compliance with law, to obtain information about the activity of state organs, and of persons who exercise state functions.

Link to constitution (English version) here Link to Albanian Constitution - Official version (in Albanian) here

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Article 40 of the Constitution: "1. Everyone shall have the right to freely express, publicise and share their ideas and opinions through words, images or any other medium, as well as the right and the freedom to inform others, to inform themselves and to be informed, without hindrance or discrimination. 2. The exercise of the rights and freedoms described in the previous point may not be obstructed or limited by any type or form of censorship. 3. Freedom of expression and information shall be restricted by the rights enjoyed by all to their good name, honour, reputation and likeness, the privacy of personal and family life, the protection afforded to children and young people, state secrecy, legal secrecy, professional secrecy and any other guarantees of these rights, under the terms regulated by law. 4. Anyone committing an infraction during the course of exercising freedom of expression and information shall be held liable for their actions, in disciplinary, civil and criminal terms, under the terms of the law. 5. Under the terms of the law, every individual and corporate body shall be assured the equal and effect ive right of reply, the right to make corrections, and the right to compensation for damages suffered." Article 44 of the Constitution: "1. Freedom of the press shall be guaranteed, and may not be subject to prior censorship, namely of a political, ideological or artistic nature. 2. The state shall ensure plural expression, imposing different ownerships and editorial diversity in the media. 3. The state shall ensure the existence and the independent and qualitatively competitive functioning of a public radio and television service. 4. The law shall establish the forms by which freedom of the press shall be exercised." Article 45 of the Constitution: "1. During general and local elections and referendums, candidates shall have the right to broadcasting time on state radio and television stations in accordance with the scope of the election or referendum, under the terms of the Constitution and the law. 2. Political parties with seats in the National Assembly have the right of reply and political response to statements by the Executive, under the terms regulated by law." Article 69 of the Constitution: "1. Everyone shall have to right to apply for a writ of habeas data to ensure that they are informed of any information about them contained in files, archives and computerised records, and that they are informed of the purpose for which this is destined and, in addition, shall have the right to demand that these are corrected or updated, under the terms of the law and whilst safeguarding state and legal secrecy. 2. The recording and processing of data referring to political, philosophical or ideological beliefs, religious faith, political party or trade union membership or the ethnic origins of citizens for discriminatory purposes shall be prohibited. 3. Access to the personal data of third parties and the transfer of personal data from one file to another within different departments or institutions shall also be prohibited, except in the cases established in law or legal rulings. 4. The provisions contained in the previous article shall, with the necessary adaptations, apply to habeas data." Article 17 of the Constitution: "1. Within the framework of the Constitution and the law, political parties shall compete on the basis of a project for society and a political programme for the organisation and expression of the will of citizens, participating in political life and universal suffrage by democratic and peaceful means and respecting the principles of national independence, national unity and political democracy. 2. The constitution and functioning of political parties must, in accordance with law, respect the following fundamental principles: a) National character and scope; b) Free constitution; c) The public pursuance of aims; d) Freedom of affiliation and single affiliation; e) The use of peaceful means only to pursue aims and a ban on the creation or use of military, paramilitary or militarised organisations; f) Democratic organization and functioning; g) Minimum representation, as established by law; h) A ban on receiving monetary and economic contributions from foreign governments and government institutions; i) The rendering of accounts for the use of public funds. 3. Through their objectives, programmes and activities, political parties must contribute towards: a) The consolidation of the Angolan nation and national independence; b) Safeguarding territorial integrity; c) Reinforcing national unity; d) The defence of national sovereignty and democracy; e) The protection of fundamental freedoms and human rights; f) The defence of the republican nature of the government and the secular nature of the state. 4. Political parties shall be entitled to equal treatment by entities exercising political power, impartial treatment by the state press and the right to exercise democratic opposition, under the terms of the Constitution and the law." Article 26 of the Constitution: "1. The fundamental rights established in this Constitution shall not exclude others contained in the laws and applicable rules of international law. 2. Constitutional and legal precepts relating to fundamental rights must be interpreted and incorporated in accordance with the Universal Declaration of the Rights of Man, the African Charter on the Rights of Man and Peoples and international treaties on the subject ratified by the Republic of Angola. 3. In any consideration by the Angolan courts of disputes concerning fundamental rights, the international instruments referred to in the previous point shall be applied, even if not invoked by the parties concerned."

Constitution art 40, 44,45 and 69. Art 17 and 26 of the Angola Constitution establish the integration of the International Human Rights instruments in Angola

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

N/A

Acordada de la Corte Suprema de Justicia de la Nación No. 1/2004 Exp. 315/2004 Adm. Gral.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Article 51: The Right to Receive Information 1. Everyone shall have the right to receive information on the activities of state and local self-government bodies and officials and to become acquainted with documents about such activities. 2. The right to receive information may be restricted only by law with the aim of protecting public interests or fundamental rights and freedoms of others. 3. The procedure of receiving information, as well as the grounds of liability of officials for concealing information or groundlessly refusing to provide information, shall be stipulated by law.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Article 1 interprets Article 50 of the Constitution as providing this right: "The purpose of the present Law is to establish the legal framework for ensuring free, unrestricted and equal information access as prescribed by Article 50 of the Constitution of the Azerbaijan Republic based on open society and democratic law-governed state principles, as well as to create conditions for control by citizens on the exercising of public duties." Article 39 of the Constitution, "II. Everyone has the right to gain information about true ecological situation and to get compensation for damage done to his/her health and property because of violation of ecological requirements." ; Article 50 of the Constitution: Freedom of information "I. Everyone is free to look for, acquire, transfer, prepare and distribute information. II. Freedom of mass media is guaranteed. State censorship in mass media, including press is prohibited." ; Article 57 of the Constitution Right to appeal "I. Citizens of the Azerbaijan Republic have the right to appeal personally and also to submit individual and collective written applications to state bodies. Each application should be responded to in an established order and term."

Link to the Constitution (English version) <a href="https://www.wipo.int/edocs/lexdocs/laws/en/az/az057en.pdf">here</a>

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Article 32 of the Constitution was amended in 1993 to include a right of access to documents held by the government: "Everyone has the right to consult any administrative document and to have a copy made, except in the cases and conditions stipulated by the laws, decrees, or rulings referred to in Article 134."

The Constitution of Belgium (English version) can be found here.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

21. Bolivians have the following rights: (6) To have access to information and to interpret, analyze and communicate it freely, individually or collectively. 106(I) The State guarantees the right to communication and the right to information.

Articles from the Constitution.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

" It is incumbent upon the Government, in accordance with the law,to manage the keeping of the governmental documents and to make them available for consultation to whomever may need to do so."

Constitution Art 216(2)

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Article 41 of the Bulgarian Constitution of 1991 states: "(1) Everyone shall be entitled to seek, receive and impart information. This right shall not be exercised to the detriment of the rights and reputation of others, or to the detriment of national security, public order, public health and morality. (2) Everyone shall be entitled to obtain information from state bodies and agencies on any matter of legitimate interest to them which is not a state or official secret and does not affect the rights of others."

Link to the Constitution of Bulgaria (English version) can be found here.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Article 8: The freedoms of opinion, of the press and the right to information are guaranteed.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

The Constitutional Tribunal found that the right to information was protected by the constitution's free expression provision in the case of Casas Cordero and Others v. National Customs Service.

Link to the Constitution of Chile (English version) can be found here.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

ARTICLE 20. Every individual is guaranteed the freedom to express and diffuse his/her thoughts and opinions, to transmit and receive information that is true and impartial, and to establish mass comm unications media. ARTICLE 74. Every person has a right to access to public documents except in cases established by law. LAW 57. ARTICLE 12. Toda persona tiene derecho a consultar los documentos que reposen en las oficinas públicas y a que se le expida copia de los mismos, siempre que dichos documentos no tengan carácter reservado conforme a la Constitución o la ley, o no hagan relación a la defensa o seguridad nacional.

Note - all translations are unofficial.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Article 38 Constitution: "The right to access to information held by any public authority shall be guaranteed. Restrictions on the right to access to information must be proportionate to the nature of the need for such restriction in each individual case and necessary in a free and democratic society, as stipulated by law."

Link to the Constitution of Croatia (English version) can be found here.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

The 1993 Charter of Fundamental Rights and Freedoms provides for a right to information.(1) Article 17 states: "(1) Freedom of expression and the right to information are guaranteed. (2) Everybody has the right to express freely his or her opinion by word, in writing, in the press, in pictures or in any other form, as well as freely to seek, receive and disseminate ideas and information irrespective of the frontiers of the State. (3) Censorship is not permitted. (4) The freedom of expression and the right to seek and disseminate information may be limited by law in the case of measures essential in a democratic society for protecting the rights and freedoms of others, the security of the State, public security, public health, and morality. (5) Organs of the State and of local self-government shall provide in an appropriate manner information on their activity. The conditions and the form of implementation of this duty shall be set by law.

Link to the Constitution of Czech Republic (English version) can be found <a href="http://www.psp.cz/en/docs/laws/constitution.html">here</a> Link to the 1993 Charter of Fundamental Rights and Freedoms (English version) can be found <a href="https://www.usoud.cz/fileadmin/user_upload/ustavni_soud_www/Pravni_uprava/AJ/Listina_English_version.pdf">here</a>

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

PREAMBLE 1 Que de acuerdo a la Constitucion de la Republica y tratados internacionales sobre Derechos Humanos, toda persona tiene derecho a la libertad de expresio, la cual comprende la libertad de buscar, recibir y difundir informaciones de toda índole, sin consideración de fronteras, ya sea escrita, verbal, electronica o por cualquier otra forma.

Preamble 1 - the law states that access to information is recognized within the right to free expression in the constitution.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Article 44 of the Constitution of the Republic of Estonia states: "(1) Everyone has the right to freely obtain information disseminated for public use. (2) All state agencies, local governments, and their officials have a duty to provide information about their activities, pursuant to procedure provided by law, to an Estonian citizen at his or her request, except information the disclosure of which is prohibited by law, and information intended exclusively for internal use. (3)An Estonian citizen has the right to access information about himself or herself held in state agencies and local governments and in state and local government archives, pursuant to procedure provided by law. This right may be restricted pursuant to law to protect the rights and freedoms of others or the confidentiality of a child's parentage, and in the interests of preventing a criminal offence, apprehending a criminal offender, or ascertaining the truth in a criminal proceeding. (4)Citizens of foreign states and stateless persons who are in Estonia have the rights specified in paragraphs two and three of this section equally with Estonian citizens, unless otherwise provided by law."

Constitution of the Republic of Estonia (English version) can be found here.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Article 25. (1) Every person has the right of access to - (a) information held by any public office; and (b) information held by another person and required for the exercise or protection of any legal right. (3) To the extent that it is necessary, a law may limit, or may authorise the limitation of, the rights set out in subsection (1), and may regulate the procedure under which information held by a public office may be made available. Article 150. A written law shall make provision for the exercise by a member of the public of the right to access official information and documents held by the Government and its agencies.

Article from the Constitution.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

[Constitution of Finland] Section 12, para. 2: Documents and recordings in the possession of the authorities are public, unless their publication has for compelling reasons been specifically restricted by an Act. Everyone has the right of access to public documents and recordings.

The right is constitutionally recognized as it appears between the basic liberties and rights. Link to the Constitution of Finland here

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

[The Constitution of Georgia] Article 41(1) Every citizen of Georgia shall have the right to become acquainted, in accordance with a procedure prescribed by law, with the information about him/her stored in state institutions as well as official documents existing there unless they contain state, professional or commercial secret. (2) The information existing on official papers pertaining to individual's health, his/her finances or other private matters, shall not be accessible to any one without the consent of the individual in question except in the cases determined by law, when it is necessary for ensuring the state security or public safety, for the protection of health, rights and freedoms of others.

Link to the Constitution of Georgia (In English) here

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Constitution of the Republic of Ghana: 21(1) All persons shall have the right to (f) information, subject to such qualifications and laws as are necessary in a democratic society;

Link to the Constitution available here

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

[The Constitution of Greece] Article 5(A)(1) All persons have the right to information, as specified by law. Restrictions to this right may be imposed by the law only insofar as they are absolutely necessary and justified for reasons of national security, of combating crime or of protecting rights and interests of third parties. (2) All persons have the right to participate in the Information Society. Facilitation of access to electronically transmitted information, as well as of the production, exchange and diffusion thereof, constitutes an obligation of the State, always in observance of the guarantees of articles 9, 9(A) and 19.

Link to the Constitution of Greece (English, French and German versions) here.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

[Constitution of Hungary] Article VI: (2) Everyone shall have the right to the protection of his or her personal data, as well as to access and disseminate data of public interest. (3) The application of the right to the protection of personal data and to access data of public interest shall be supervised by an independent authority established by a cardinal Act.

Link to the Constitution of Hungary (English version) here

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Right to information has been recognized as constitutional by the Indian Supreme Court on numerous occasions.

Link to the Constitution of India (pdf, English version) here.

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

2

[Constitution of Indonesia] 28(f) Every person shall have the right to communicate and to obtain information for the purpose of the development of his/her self and social environment, and shall have the right to seek, obtain, possess, store, process and convey information by employing all available types of channels.

Link to unofficial translation of the Constitution here.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Constitution of Japan
21 Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed. No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.

Japan's Supreme Court found a right to information within the constitutional right to free expression in the case of Kaneko v. Japan.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

[Constitution] Article 35(1) Every citizen has the right of access to - (a) information held by the State; and (b) information held by another person and required for the exercise or protection of any right or fundamental freedom. (2) Every person has the right to the correction or deletion of untrue or misleading information that affects the person. (3) The State shall publish and publicise any important information affecting the nation.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

2(3) This Law shall be without prejudice to the right to access public documents maintained by public institutions, which can derive from the international legal instruments or from the acts of institutions enforcing them. Constitution 41(1) Every person enjoys the right of access to public documents. (2) Documents of public institutions and organs of state authorities are public, except for information that is limited by law due to privacy, business trade secrets or security classification.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Constitution, 33(3). Everyone shall have the right to obtain information on the activity of state authorities, local government bodies as well as officials thereof, legal entities with the participation of state authorities and local government bodies as well as organizations financed from the national and local budgets. (4) Everyone shall be guaranteed access to information in the possession of state authorities, local government bodies as well as officials thereof. The regulations of providing information shall be envisaged in the law.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Article 100. "Everyone has the right to freedom of expression which includes the right to freely receive, keep and distribute information and to express their views. Censorship is prohibited." Article 104. "Everyone has the right to address submissions to State or local government institutions and to receive a materially responsive reply. Article 115. The State shall protect the right of everyone to live in a benevolent environment by providing information about environmental conditions and by promoting the preservation and improvement of the environment."

Link to the Constitution of Latvia (English version) here

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Article 25 of Lithuania's 1992 Constitution states "The citizen shall have the right to receive, according to the procedure established by law, any information concerning him that is held by State institutions."

Link to the Constitution of Lithuania (English version) here

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Art. 6 of the MX Constitution establishes the principles of the RTI, within the Constitutional chapter of "Garantias Individuales", i.e. "Fundamental rights". Supreme Court rulings are based on this recognition.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Constitution Art 16.17 The citizens of Mongolia are enjoying the following rights and freedoms: The right to seek and receive information except that which the state and its bodies are legally bound to protect as secret. In order to protect human rights, dignity, and reputation of persons and to ensure national defense, security, and public order, the information which is not subject to disclosure must be classified and protected by law.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Constitution Article 51 "Everyone shall have the right to access information held by the state authorities and organizations exercising public authority. The right to access to information may be limited if this is in the interest of: the protection of life; public health; morality and privacy; carrying of criminal proceedings; security and defense of Montenegro; foreign, monetary and economic policy."

Link to constitution (English version) here

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

27. Les citoyennes et les citoyens ont le droit d’accéder à l’information détenue par l’administration publique, les institutions élues et les organismes investis d’une mission de service public. Le droit à l’information ne peut être limité que par la loi, dans le but d’assurer la protection de tout ce qui concerne la défense nationale, la sûreté intérieure et extérieure de l’État, ainsi que la vie privée des personnes, de prévenir l’atteinte aux droits et libertés énoncés dans la présente Constitution et de protéger des sources et des domaines expressément déterminés par la loi.

Article 27 of the Constitution available here

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Constitution of the Republic of Mozambique Article 48 Freedom of Expression and Information 1. All citizens shall have the right to freedom of expression and to freedom of the press, as well as the right to information. 6. The exercise of the rights and freedoms provided for in this article shall be governed by law on the basis of the imperative respect for the Constitution and for the dignity of the human person.

Constitution of the Republic of Mozambique

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

27. Right to information: Every citizen shall have the right to seek information on any matters of concern to her/him or the public. Provided that nothing shall be deemed to compel any person to provide information about which confidentiality is to be maintained according to law.

Of the 2015 Constitution

North Macedonia

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Article 16 of the Constitution of Macedonia provides: "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"

Link to constitution (English version) <a href="https://www.wipo.int/edocs/lexdocs/laws/en/mk/mk014en.pdf">here</a>

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Constitution of Norway, Article 100, Paragraph 4. "Everyone has a right of access to documents of the State and municipal administration and a right to follow the proceedings of the courts and democratically elected bodies. Limitations to this right may be prescribed by law to protect the privacy of the individual or for other weighty reasons."

Link to the Constitution of Norway (English version) here

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

19A. Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.

of Constitution

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Article IV, Section 12: "A citizen has the right to examine any government document and to observe the official deliberations of any agency of government."

Of the constitution. A bit limited because refers to documents but full points given.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Constitution Article 28 About the Right to Obtain Information (1) The people's right to receive true, responsible, and equitable information is hereby recognized. (2) Everyone has free access to public sources of information. The laws will regulate the corresponding procedures, deadlines and sanctions, in order to turn this right effective. (3) Anyone affected by the dissemination of false, distorted, or ambiguous information has the right to demand that the offending media organization rectify or clarify the report under the same conditions in which it was originally conveyed, without any other compensatory rights being affected.

Note - all translations are unofficial.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

2 Every person has the right: (...) 5. To request, without statement of a cause, information he requires, and to receive it from any public entity within the legal term, at its respective cost. Exception is hereby made of information affecting personal privacy and that expressly excluded by the law or for reasons of national security. Bank secrecy and the confidentiality of tax filings may be lifted by the request of a judge, the Prosecutor General, or a congressional investigative committee, in accordance with the law and provided that such information refers to a case under investigation.

Peruvian Constitution: Article 2(5).

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Constitution Art III, Section 7: The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Constitution Article 61(1): A citizen shall have the right to obtain information on the activities of organs of public authority as well as persons discharging public functions. Such right shall also include receipt of information on the activities of self-governing economic or professional organs and other persons or organizational units relating to the field in which they perform the duties of public authorities and manage communal assets or property of the State Treasury. (2)The right to obtain information shall ensure access to documents and entry to sittings of collective organs of public authority formed by universal elections, with the opportunity to make sound and visual recordings. (3)Limitations upon the rights referred to in paras. 1 and 2 above, may be imposed by statute solely to protect freedoms and rights of other persons and economic subjects, public order, security or important economic interests of the State. (4)The procedure for the provision of information, referred to in paras. 1 and 2 above shall be specified by statute, and regarding the Sejm and the Senate by their rules of procedure.

Constitution of Poland available in English here.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

The Constitution has included a right of access to information since 1976. Article 268 of the 1989 Constitution states: (1) Citizens shall possess the right to be informed by the Administration whenever they so request as to the progress of the processes in which they are directly interested, as well as to be made aware of such decisions as are taken in relation to them. (2) Without prejudice to the law governing matters of internal and external security, criminal investigation and personal privacy, citizens shall also possess the right of access to administrative files and records. (3) Administrative acts shall be subject to notification to the interested parties in the form laid down by law, and when they affect rights or interests that are protected by law, shall be based on express grounds that can be accessed by the parties. (4) Citizens shall be guaranteed effective judicial oversight of those of their rights and interests that are protected by law, particularly including the recognition of the said rights and interests, the impugnation of any administrative act that harms their rights and interests, regardless of its form, the issue of positive rulings requiring the practise of administrative acts that are due by law, and the issue of adequate injunctions. (5) Citizens shall also possess the right to challenge administrative rules which possess external force and which harm any of their rights or interests that are protected by law. (6) For the purposes of (1) and (2) above the law shall lay down a maximum time limit for responses by the Administration.

Link to Constitution of Portugal (English version) here

Republic of Belarus

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Article 34 of the Constitution states: Citizens of the Republic of Belarus shall be guaranteed the right to receive, store and disseminate complete, reliable and timely information of the activities of state bodies and public associations, on political, economic, cultural and international life, and on the state of the environment. State bodies, public associations and officials shall afford citizens of the Republic of Belarus an opportunity to familiarize themselves with material that affects their rights and legitimate interests. The use of information may be restricted by legislation with the purpose to safeguard the honour, dignity, personal and family life of the citizens and the full implementation of their rights.

The Constitution states that citizens have the right to receive, store and disseminate complete, reliable and timely information of the activities of state bodies and public associations, on political, economic, cultural and international life, and on the state of the environment

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Romanian Constitution, Chapter II, Article 31: (Right to information): A person's right of access to any information of public interest shall not be restricted. The public authorities, according to their competence, shall be bound to provide correct information to the citizens in public affairs and matters of personal interest. The right to information shall not be prejudicial to the measures of protection of young people or national security. Article 1: The individual's free and unconstraint access to public information, thus defined in this Law, represents one of the fundamental principles of the relations between the individuals and the public authorities in conformity with the Romanian Constitution and the international documents ratified by the Romanian Parliament.

Constitution of Romania is available in English here.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Constitution of Serbia 51 ...Everyone shall have the right to access information kept by state bodies and organizations with delegated public powers, in accordance with the law.

Link to constitution (English version)

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

28. (1) The State recognises the right of access of every person to information relating to that person and held by a public authority which is performing a governmental function and the right to have the information rectified or otherwise amended, if inaccurate. (2) The right of access to information contained in clause (1) shall be subject to such limitations and procedures as may be prescribed by law and are necessary in democratic society including− (a) for the protection of national security; (b) for the prevention and detection of crime and the enforcement of law; (c) for the compliance with an order of a court or in accordance with a legal privilege; (d) for the protection of the privacy or rights or freedoms of others; (3) The State undertakes to take appropriate measures to ensure that information collected in respect of any person for a particular purpose is used only for that purpose except where a law necessary in a democratic society or an order of a court authorises otherwise. (4) The State recognises the right of access by the public to information held by a public authority performing a governmental function subject to limitations contained in clause (2) and any law necessary in a democratic society.

Of the Constitution

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Article 26.(5) State bodies and territorial self-administration bodies are under an obligation to provide information on their activities in an appropriate manner and in the state language. The conditions and manner of execution will be specified by law.\"

Link to the Constitution of Slovakia (English version) here

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Article 39: Except in such cases as are provided by law, everyone has the right to obtain information of a public nature in which he has a well founded legal interest under law."

Link to the Constitution of Slovenia (English version) here

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

32(1) Everyone has the right of access to- (a) any information held by the state; and (b) any information that is held by another person and that is required for the exercise or protection of any rights. (2) National legislation must be enacted to give effect to this right, and may provide for reasonable measures to alleviate the administrative and financial burden on the state.

Link to Constitution

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Constitutional Court - Forests Survey Inspection Request case.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

32. Every citizen has the right of access to official information and records, including electronic records in the possession of any level of government or any organ or agency thereof, except where the release of such information is likely to prejudice public security or the right to privacy of any other person.

Transitional Constitution Art. 32

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

14A . (1) Every citizen shall have the right of access to any information as provided for by law, being information that is required for the exercise or protection of a citizens right held by:- (a ) the State, a Ministry or any Government Department or any statutory body established or created by or under any law; (b ) any Ministry of a Minster of the Board of Ministers of a Province or any Department or any statutory body established or created by a statute of a Provincial Council; (c ) any local authority; and (d ) any other person, who is in possession of such information relating to any institution referred to in sub-paragraphs (a ) (b ) or (c ) of this paragraph. (2) No restrictions shall be placed on the right declared and recognized by this Article, other than such restrictions prescribed by law as are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals and of the reputation or the rights of others, privacy, prevention of contempt of court, protection of parliamentary privilege, for preventing the disclosure of information communicated in confidence, or for maintaining the authority and impartiality of the judiciary. (3) In this Article, citizen includes a body whether incorporated or unincorporated, if not less than three-fourths of the members of such body are citizens.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

CONSTITUTION OF SWEDEN. The Freedom of the Press Act. Chapter 2. (On the public nature of official documents). Article 1: "Every Swedish citizen shall be entitled to have free access to official documents, in order to encourage the free exchange of opinion and the availability of comprehensive information."

The CONSTITUTION of Sweden is compounded by the Four Fundamental Laws. They contain the basic rules for political decision-making in Sweden.The four fundamental laws are the Instrument of Government, the Act of Succession, the Freedom of the Press Act and the Fundamental Law on Freedom of Expression. The right of free access to official documents is contained in the Freedom of the Press Act. Link to the Freedom of the Press Act <a href="http://www.riksdagen.se/en/How-the-Riksdag-works/Democracy/The-Constitution/The-Freedom-of-the-Press-Act/">here</a>

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Article 56. A person shall have the right to get access to public information in possession of a State agency, State enterprise or local government organization, unless the disclosure of such information shall affect the security of the State, public safety, interests of other persons which shall be protected or private information as provided by law. Article 57. A person shall have the right to receive information, explanation, and reason from a State agency, State enterprise or local government organization before permission is given for operation of any project or activity which may affect the quality of environment, health, and sanitary conditions, the quality of life or any other material interest concerning him or her or a local community and shall have the right to express his or her opinion on such matters to agencies concerned for consideration in that matters. In undertaking any social, economic, political, and cultural development planning, appropriation of immovable property, city planning, land use zoning, and issuance of regulations which may affect the interests of the people, the State shall thoroughly hold public hearings procedure prior to implementation.

Constitution S 56 and 57

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Constitution, Art. 32: The State shall guarantee the right to information and the right to access to information.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

Long Title: An Act to provide for the right of access to information pursuant to article 41 of the Constitution; to prescribe the classes of information referred to in that article; the procedure for obtaining access to that information, and for related matters. Constitution of the Republic of Uganda, 1995 41 Right of access to information. (1) Every citizen has a right of access to information in the possession of the State or any other organ or agency of the State except where the release of the information is likely to prejudice the security or sovereignty of the State or interfere with the right to the privacy of any other person. (2) Parliament shall make laws prescribing the classes of information referred to in clause (1) of this article and the procedure for obtaining access to that information.

Yes - in the long title and in article 41 of the Constitution.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

National Constitution Article 34 guarantees the right to information in the following terms: \"Everyone is guaranteed the right to freedom of thought and speech, and to the free expression of his or her views and beliefs. Everyone has the right to freely collect, store, use and disseminate information by oral, written or other means of his or her choice. The exercise of these rights may be restricted by law in the interests of national security, territorial indivisibility or public order, with the purpose of preventing disturbances or crimes, protecting the health of the population, the reputation or rights of other persons, preventing the publication of information received confidentially, or supporting the authority and impartiality of justice.\"

\"Everyone has the right to freely collect, store, use and disseminate information by oral, written or other means of his or her choice.\" Link to constitution (English version) http://www.president.gov.ua/en/content/constitution.html

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

YES

2

62. 1. Every Zimbabwean citizen or permanent resident, including juristic persons and the Zimbabwean media, has the right of access to any information held by the State or by any institution or agency of government at every level, in so far as the information is required in the interests of public accountability. 2. Every person, including the Zimbabwean media, has the right of access to any information held by any person, including the State, in so far as the information is required for the exercise or protection of a right. 3. Every person has a right to the correction of information, or the deletion of untrue, erroneous or misleading information, which is held by the State or any institution or agency of the government at any level, and which relates to that person. 4. Legislation must be enacted to give effect to this right, but may restrict access to information in the interests of defence, public security or professional confidentiality, to the extent that the restriction is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom.

Of the 2013 Constitution.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

Partially

1

The Constitution: Section 23(1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this Article the said freedom includes freedom to hold opinions, to receive and impart ideas and information without interference, and freedom from interference with his correspondence.

No explicit RTI provision in the constitution but the FoE provision recognises the right to 'receive and impart' information

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

Partially

1

Constitution of Benin 1990, Article 8:The human person is sacred and inviolable. The State has the absolute obligation to respect it and protect it. It shall guarantee him a full blossoming out. To that end, it shall assure to its citizens equal access to health, education, culture, information, vocational training, and employment.

Very weak guarantee.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

Partially

1

Ontario (Public Safety and Security) v. Criminal Lawyers Association, 2010 SCC 23, [2010] 1 S.C.R. 815 . However, the right to information is only recognized as a limited and derivative right.

Link to the Constitution of Canada (English version) can be found here.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

Partially

1

Artículo 27.- Se garantiza la libertad de petición, en forma individual o colectiva, ante cualquier funcionario público o entidad oficial, y el derecho a obtener pronta resolución. 30. Se garantiza el libre acceso a los departamentos administrativos con propósitos de información sobre asuntos de interés público. Quedan a salvo los secretos de Estado.

The Constitutional guarantee has also been affirmed by a range of Court decisions. However, the carve out for State Secrets, which is potentially expansive, and the fact that only information on matters of public interest is covered, together cost 1 point.

Dominican Republic

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

Partially

1

ARTICLE 44. "(...)All persons have the right of access to the information and data related to them, or to their property; kept in public or private records, and to be informed of the purpose and use of such information and data, as limited by law. The handling of data and information related to persons or property shall meet the criteria of accuracy, legality, good faith, security and necessity. Individuals may submit a request to the competent judicial authority to update, oppose the use of, rectify, or delete any information that unlawfully affects their rights;(...)"

Art 44 of the constitution recognizes a limited right (seems to only apply to data about oneself).

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

Partially

1

Section 40(1) Every person has the right to freedom of speech and the right to inform and be informed impartially. (2) The exercise of freedom of speech and information shall not be limited by any sort of censorship. (3) The exercise of rights and freedoms referred to in this Section shall be regulated by law based on the imperative of respect for the Section 41(2) Freedom of the press shall comprise, namely, the freedom of speech and creativity for journalists, the access to information sources, editorial freedom, protection of independence and professional confidentiality, and the right to create newspapers, publications and other means of broadcasting.

Not a straight guarantee (be informed but not to access information)

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

Partially

1

Preamble of the Constitution: "We, the Nations, Nationalities and Peoples of Ethiopia: Strongly committed, in full and free exercise of our right to self-determination, to building a political community founded on the rule of law and capable of ensuring a lasting peace, guaranteeing a democratic order, and advancing our economic and social development; Firmly convinced that the fulfillment of this objective requires full respect of individual and people's fundamental freedoms and rights, to live together on the basis of equality and without any sexual, religious or cultural discrimination; Further convinced that by continuing to live with our rich and proud cultural legacies in territories we have long inhabited, have, through continuous interaction on various levels and forms of life, built up common interest and have also contributed to the emergence of a common outlook; Fully cognizant that our common destiny can best be served by rectifying historically unjust relationships and by further promoting our shared interests; Convinced that to live as one economic community is necessary in order to create sustainable and mutually supportive conditions for ensuring respect for our rights and freedoms and for the collective promotion of our interests; Determined to consolidate, as a lasting legacy, the peace and the prospect of a democratic order which our struggles and sacrifices have brought about; Have therefore adopted, on 8 December 1994 this constitution through representatives we have duly elected for this purpose as an instrument that binds us in a mutual commitment to fulfill the objectives and the principles set forth above." Article 29 Right of Thought, Opinion and Expression: (3) "Freedom of the press shall specifically include the following elements: .... (b) Access to information of public interest."

Limited right of media to access information of public importance.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

Partially

1

The Conseil d'Etat has affirmed in two cases that the right of access to administrative documents is a "fundamental guarantee, accorded to citizens for the exercise of their public liberties in the sense of Article 34 of the Constitution of France." [70] Article 34 reads in relevant part: "Statutes shall determine the rules concerning 'civic rights and the fundamental guarantees granted to citizens for the exercise of their public liberties '". The full statement by the Conseil d'Etat, in Case No. # 237203, paragraph 6, reads as follows: "Considérant que la définition des modalités concrètes de communication de documents administratifs ne met en cause ni le principe ni l'étendue du droit d'accès aux documents administratifs, qui constitue une garantie fondamentale accordée aux citoyens pour l'exercice des libertés publiques au sens de l'article 34 de la Constitution ; que le pouvoir réglementaire était donc compétent, dans le silence de la loi du 17 juillet 1978, pour d'écider que les frais d'acheminement postal des copies de documents administratifs seraient mis à la charge du demandeur".

Link to the Constitution of France (French version) here. Link to the Constitution of France (pdf, English version) here.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

Partially

1

10...Le droit d’accès à l’information publique est garanti au citoyen et celui-ci demeure libre de s’informer aux sources légales et accessibles à tous.

Article 10 of the Constitution (https://guilaw.com/la-constitution-de-2020/). This guarantee is unclear as to whether it refers to otherwise confidential information held by public authorities or information that is already legally accessible.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

Partially

1

N/A

Israel does not have a constitution, however the Supreme Court recognized that the right to information is found within the right to free expression. Free expression is itself not protected under Israel's "Basic Laws", but is judicially recognized as a fundamental right, which apparently has quasi-constitutional status.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

Partially

1

[Constitution] 20(2) Everyone shall have the right to freely receive and disseminate information by any means not prohibited by law. The list of items constituting state secrets of the Republic of Kazakhstan shall be determined by law.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

Partially

1

Constitution Article 15(b): "The right encompasses the right to hold opinions without interference and the right to knowledge. It includes freedom of speech and of the press, academic freedom to receive and impart knowledge and information and the right of libraries to make such knowledge available. It includes non-interference with the use of the mail, telephone and telegraph. It likewise includes the right to remain silent." Constitution Art. 15(c): "In pursuance of this right, there shall be no limitation on the public right to be informed about the government and its functionaries."

Constitution Art. 15(b) provides a right to receive and impart information, 15(c) - right to be informed about the government and its functionaries. Neither of these is spot on, but worth a point.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

Partially

1

37. Subject to any Act of Parliament, every person shall have the right of access to all information held by the State or any of its organs at any level of Government in so far as such information is required for the exercise of his rights.

Constitutional, but limited to cases where information needed for protection of a right. The Constitution of Malawi can be found here.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

Partially

1

CONSTITUTION OF THE REPUBLIC OF MOLDOVA. CHAPTER II. FUNDAMENTAL RIGHTS AND FREEDOMS. Article 34 (The Right of Access to Information): Having access to any information of public interest is everybody's right that may not be curtailed. According with their established level of competence, public authorities shall ensure that citizens are correctly informed both on public affairs and matters of personal interest. The right of access to information may not prejudice either the measures taken to protect the citizens or the national security. [...]

Not clear enough to warrant full two points but a partial guarantee. Link to constitution (English version).

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

Partially

1

Article 110 of the Netherlands Constitution: "In the exercise of their duties government bodies shall observe the right of public access to information in accordance with rules to be prescribed by Act of Parliament."

There are two views as to whether this provision guarantees a right to public information or only imposes a duty on public bodies to make information available consistent with statutes. The prevailing view within the Netherlands is that the Constitution does not guarantee a right to information, based in part on the fact that Article 110 is not included in the Bill of Rights but rather in that part of the Constitution titled Legislation and Administration. A minority contend that the right is of constitutional stature. The courts have not expressed an opinion on the matter and are unlikely to do so, given that the courts may not set aside a law, or declare an action of an administrative body illegal, on the ground that it contradicts the Constitution. In any event, the issue is not significant given that the FOI law provides a relatively strong statutory protection of the right Link to the Constitution of the Netherlands (English version) here

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

Partially

1

Article 43: Every person has a right to ask for accessible information or information of general interest stored in data banks or registries administered by public servants or by private persons providing public services, unless access has been limited by written regulation or by legal mandate, and to request their lawful processing and correction.

Constitution Art 43 - but this provision allows for the right to be limited by written law, which sort of defeats the purpose of having access to information as a constitutional right.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

Partially

1

Constitution recognises freedom of information, but only in a very limited way.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

Partially

1

See comments.

While the Constitution does not provide explicit protection for the right to information, it has the following: Article 29 protects freedom of expression; Article 72 is an open clause linking other rights with a democratic and republican government; and Article 82 protects the republican nature of government. Based on these three articles the Supreme Court has upheld the constitutionality of the current law on RTI in various decisions.

The legal framework (including jurisprudence) recognises a fundamental right of access to information.

Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.

2

Partially

1

Article 25: (of Constitution): The citizen shall enjoy the right to freedom of opinion and speech, freedom of the press, to access to information, to assemble, form associations and hold demonstrations. The practice of these rights shall be provided by the law.

Not very clear in scope and nature: right "to access to information".

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

There is no provision in the Andorran Constitution.

Antigua and Barbuda

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

Not in constitution.

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

Not in the constitution. Link to the Constitution of Australia (English version)

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 20(4) of the 1920 Constitution (as amended): "4) All functionaries entrusted with Federation, Laender and municipal administrative duties as well as the functionaries of other public law corporate bodies shall impart information about matters pertaining to their sphere of competence in so far as this does not conflict with a legal obligation to maintain secrecy; ..."

The Constitution establishes at Article 20.3 an obligation of public officials to secrecy and in Article 20.4 only moderates this in a minimal way by stating that public officials shall provide information which does not conflict with their obligation to secrecy. There is therefore no right of the public to information. Link to the Constitution of Austria (English version) here

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

Not mentioned in the constitution.

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

Not in the constitution.

Bosnia and Herzegovina

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

No constitutional provision protecting access to information.

Link to constitution (english version) can be found here.

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

Not mentioned

The Constitution, with 2018 amendments, is available here

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

Not mentioned in constitution.

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

Not mentioned

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

There is no constitutional provision protecting access to information.

Link to the Constitutional Act of Denmark (English version) can be found here

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

Constitution Article 81 - mentions the right to seek and disseminate information - which does not quite qualify.

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

Not mentioned.

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

Not mentioned. Link to the Constitution of Germany (English version) here.

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 31. Every person has the right to know what the archives, records, or any other form of State registers contain about him and the purpose for which such data is used as well as their correction, rectification, and bringing up to date. Registers and records of political affiliation, except those pertaining to the electoral authorities and political parties are prohibited.

This only grants a right to access one's own personal data, not a general right of access.

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

Not mentioned.

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

No - Honduras' constitution has provisions for habeus data, but this only applies to personal information.

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

Link to the Constitution of Iceland (English version) here.

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

Not mentioned.

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

Link to the Constitution of Ireland here

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

The reform of the Italian Constitution (approved on 12 April 2016) will introduce transparency as a duty of public bodies in Art. 97 and 118. On the 4th of December there will be a referendum on the whole Constitutional reform. The reformed version of the Constitution is available here (in Italian). Link to the current Constitution of Italy (Italian version) here. Link to the current Constitution of Italy (pdf, English version) here.

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

Not mentioned.

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

Not mentioned in the constitution.

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

Not mentioned.

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

Only freedom of expression is protected in the Constitution.

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

Not mentioned.

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

Not mentioned in law, regulation is more detailed, but merely referring to law.

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

Not mentioned in the Constitution

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

2008 Constitution Article 29: Everyone has the freedom to acquire and impart knowledge, information and learning.

The 2008 Maldives Constitution can be found here

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

not mentioned

Link to the Constitution of Malta (English version) can be found here.

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

Not mentioned

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

New Zealand has no constitution. A right to information is endorsed, in a weak way, in their quasi-constitutional bill of rights, but because there is no specific endorsement of a right to access government information this is not worth a point. Link to the Constitutional bill of rights here

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 66 Nicaraguans have the right to accurate information. This right includes the freedom to seek, receive and disseminate information and ideas, be they spoken or written, in graphic or any other form. Article 26 All persons have the right to: 1. privacy and the privacy of their family; 2. the inviolability of their home, correspondence, and communications; 3. respect for their honor and reputation. A private home may be searched only with a warrant from a competent judge or expressly authorized official to prevent a crime from being committed or to avoid damage to persons or goods, in accordance with the procedures established by law. The law shall determine the cases and the procedures for an examination of private documents, fiscal records and related documents, when such is indispensable for the investigation of matters before the Courts or for fiscal reasons. Illegally seized letters, documents and other private papers shall be null and void in legal proceedings or elsewhere.

Art 66 and 26 mention information, but not in the context of government documents.

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

Not found in Niger's constitution.

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

Not mentioned.

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

Not mentioned

Russian Constitution available in English here.

Saint Kitts and Nevis

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

Not mentioned

Saint Vincent and the Grenadines

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

Not in the constitution - "information" as protected in Art 10(1) only applies to seeking and receiving information broadly, not to accessing government information.

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

Not mentioned.

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

Not mentioned.

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

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

Artículo 20: 1. Se reconocen y protegen los derechos: d) A comunicar o recibir libremente información veraz por cualquier medio de difusión. La ley regulará el derecho a la cláusula de conciencia y al secreto profesional en el ejercicio de estas libertades. Artículo 105: La ley regular: b) El acceso de los ciudadanos a los archivos y registros administrativos, salvo en lo que afecte a la seguridad y defensa del Estado, la averiguación de los delitos y la intimidad de las personas.

La ley regula el derecho de acceso a la información pública como un derecho ordinario, desatiende de esta forma, sentencias emitidas por el TEDH y tratados internaciones suscritos por el Estado español.

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

Constitution, Article 39(1) Every citizen shall have an unrestricted right to the freedom of expression, reception and dissemination of information, publication, and access to the press without prejudice to order, safety or public morals as determined by law.

This does not guarantee the right to information but just freedom of expression

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

The Federal Constitution of Switzerland, as amended through Oct 15, 2002, contains only a guarantee of freedom of information, and not a right to government-held information. Article 16 reads: "1) The freedom of opinion and information is guaranteed. 2) All persons have the right to form, express, and disseminate their opinions freely. 3) All persons have the right to receive information freely, to gather it from generally accessible sources and to disseminate it."

Link to the Constitution of Switzerland (English version) here

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

Not mentioned

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

Not in the constitution.

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

Section 18(b) & (d) of the Constitution: Every Person - (b) has a right to seek, receive and, or disseminate information (d) has a right to be informed at all times of various important events of life and activities of the people and also of issues of importance to the society.

This is just a general guarantee of freedom of expression closely based on international law - would need specific interpretation by the courts to include RTI.

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

Not guaranteed in the Constitution

Trinidad and Tobago

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

Not mentioned in the constitution

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

No constitutional provision protecting access to information.

Link to constitution (English version) here

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

The United Kingdom does not have a written constitution, instead it has a series of acts that are considered to be an equivalent to the constitution. The Human Rights Act 1998 is one of these, however there is no reference to the right to access information.

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

Not mentioned.

Link to the Constitution of the United States (English version) <a href="https://www.archives.gov/founding-docs/constitution-transcript">here</a>

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

Not in constitution

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

No, the law makes reference to the Constitutional protection for freedom of expression instead.

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

No constitutional right.

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