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Inter-American Model Law on Access Inter-American Model Law on Access to Informationto Information
General AssemblyGeneral Assemblybull In June 2010 the OAS General Assembly aJune 2010 the OAS General Assembly approved
Resolution 2607 with the full text of the Model Law
bull Resolution 2607 requested todayrsquos meeting provide an overview of the Model Law and take notice of any observations member states may present thereto
bull Resolution 2607 instruct the General Secretariat to provide support to the member states that so request in the design execution and evaluation of their regulations and policies on access to public information by citizens
Model LawModel LawII Definitions Scope and RightDefinitions Scope and RightIIII Measures to Promote OpennessMeasures to Promote OpennessIIIIII Process of AccessProcess of AccessIVIV ExceptionsExceptionsVV AppealsAppealsVIVI Information CommissionInformation CommissionVIIVII Monitoring and ComplianceMonitoring and Compliance
PART IPART I Scope Scopebull Principle of Maximum Disclosure Principle of Maximum Disclosure all all
information is accessibleinformation is accessiblebull Information Information All information in possession All information in possession
custody or control of any public authoritycustody or control of any public authoritybull Exceptions Exceptions clear and narrow regime defined clear and narrow regime defined
by law that are legitimate and strictly by law that are legitimate and strictly necessary in a democratic society necessary in a democratic society
Public AuthoritiesPublic Authoritiesbull GovernmentGovernment Executive Legislative and JudicialExecutive Legislative and Judicialbull StructureStructure Central or Federal Regional or Provisional Central or Federal Regional or Provisional
Municipal etc Municipal etc bull Organ or entity Organ or entity Entities owned or controlled by the Entities owned or controlled by the
governmentgovernmentbull Private organizationsPrivate organizations
Receiving substantial public funds or benefitsReceiving substantial public funds or benefits Perform public functions and servicesPerform public functions and services
Right of AccessRight of Accessbull To be informed if the public authority holds the To be informed if the public authority holds the
informationinformationbull To have the information communicated in a timely To have the information communicated in a timely
mannermannerbull To an appeal where access to information is deniedTo an appeal where access to information is deniedbull To make anonymous requestsTo make anonymous requestsbull To make requests without providing a justificationTo make requests without providing a justificationbull To be free from discrimination based on the nature To be free from discrimination based on the nature
of the requestof the request
PART IIPART II Proactive Measures Proactive Measuresbull Publication Schemesbull Key Informationbull Information Asset Registersbull Request and Disclosure Logsbull Previously Released Information
PART IIIPART III Access to Information Access to Informationbull Request for Information
The presentation of a request may be bull in writingbull electronicallybull in personbull any alternative means
The request must contain bull contact informationbull description of information soughtbull form information should be provided
PART IIIPART III Access to Information Access to Informationbull Responding to a Requestbull ReceiptReceipt the public authority must reasonable interpret the
scope and nature of the request
bull AssistanceAssistance the public authority has the obligation to assist requester
bull ResponseResponse the public authority must respond in precise and clear manner
bull ForwardingForwarding if the public authority does not hold the information it must forward the request to the appropriate authority
Information OfficerInformation OfficerIn charge of the law in each authority
bull Internal Promote best practices in maintaining and archiving information
bull External Receipt of requests helping requester receipt of complaints
Time to RespondTime to Respondbull Respond as soon as possible maximum within 20
working days of receipt of requestbull Transfer the date of receipt should not exceed ten
days from the date the request was first receivedbull `
bull Extension if the request covers voluminous records requires the search of offsite locations or requires consultation with other authorities
bull Failure to respond failure to respond is understood to be a denial of a request
CostsCostsbull All requests should be freebull Costs of reproduction can not exceed the
costs of materialsbull Cost of delivery market pricebull Electronic information without costbull Cases of poverty without cost of reproduction
or delivery
PART IVPART IV Exceptions Exceptions
bull Only in two cases can the public authorities deny access to information
Where it would harm PRIVATE interests
Where it would harm PUBLIC interests
Private InterestsPrivate Interests
bull Right to privacy including life health or safety
bull Commercial and legitimate economic interests
bull Intellectual property Patents copyright and trade secrets
Public InterestPublic InterestThe exception applies if the following requirements The exception applies if the following requirements are metare met
bull Access would create a clear probable and specific riskAccess would create a clear probable and specific risk
bull Substantial harmSubstantial harm
bull Which should be further defined by legislationWhich should be further defined by legislation
bull To the following public interestsTo the following public interests
Protected InterestsProtected Interests public safety public safety national security national security the future provision of free and frank advicethe future provision of free and frank advice development of policydevelopment of policy international relationsinternational relations law enforcement prevention investigation and law enforcement prevention investigation and
prosecution of crimeprosecution of crime ability of State to manage the economyability of State to manage the economy financial interests of the public authority financial interests of the public authority tests and auditstests and audits
Public Interest OverridePublic Interest Overridebull The exception does not apply in cases where
the public interest in access to information outweighs the harm caused to the protected interest
bull The exceptions do not apply in cases of violations of human rights or crimes against humanity
PART VPART V Appeals Appealsbull Internal Appeal
System of appeal within the public authoritySystem of appeal within the public authority
bull External AppealSystem based on an Information CommissionSystem based on an Information Commission
bull Judicial ReviewFinal redress before the courts of the stateFinal redress before the courts of the state
bull Inter-American SystemInter-American Commission and Court on Human RightsInter-American Commission and Court on Human Rights
Internal AppealInternal Appealbull Internal appeal before the head of the public Internal appeal before the head of the public
authorityauthority
bull Written decision stating reasons within [10] Written decision stating reasons within [10] daysdays
bull The internal appeal is not mandatoryThe internal appeal is not mandatory
External AppealExternal Appealbull RightRight Any requester who believes that his or her request has Any requester who believes that his or her request has
not been processed in accordance with the Law has the right not been processed in accordance with the Law has the right to file an appeal with the Commissionto file an appeal with the Commission
bull ContentContent the public authority with which the request was the public authority with which the request was filed the contact information of the requester the grounds filed the contact information of the requester the grounds upon which the appeal is based any other information that upon which the appeal is based any other information that the requester considers relevantthe requester considers relevant
bull ProcessProcess Centralized tracking system inform interested Centralized tracking system inform interested parties system for making representations fair and parties system for making representations fair and nondiscriminatory rules system of clarificationsnondiscriminatory rules system of clarifications
External AppealExternal Appealbull TimeframeTimeframe decision within 60 days decision within 60 days
bull ExtensionExtension timeframe can be extended by 60 days in timeframe can be extended by 60 days in extraordinary casesextraordinary cases
bull Types of DecisionsTypes of Decisions 1) reject and appeal 2) require delivery of 1) reject and appeal 2) require delivery of the information or repair any other non-compliancethe information or repair any other non-compliance
bull MediationMediation Once an appeal has been received the Once an appeal has been received the commission may mediate the dispute between he parties in commission may mediate the dispute between he parties in order to achieve delivery of the information without need for order to achieve delivery of the information without need for a full appeal processa full appeal process
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
General AssemblyGeneral Assemblybull In June 2010 the OAS General Assembly aJune 2010 the OAS General Assembly approved
Resolution 2607 with the full text of the Model Law
bull Resolution 2607 requested todayrsquos meeting provide an overview of the Model Law and take notice of any observations member states may present thereto
bull Resolution 2607 instruct the General Secretariat to provide support to the member states that so request in the design execution and evaluation of their regulations and policies on access to public information by citizens
Model LawModel LawII Definitions Scope and RightDefinitions Scope and RightIIII Measures to Promote OpennessMeasures to Promote OpennessIIIIII Process of AccessProcess of AccessIVIV ExceptionsExceptionsVV AppealsAppealsVIVI Information CommissionInformation CommissionVIIVII Monitoring and ComplianceMonitoring and Compliance
PART IPART I Scope Scopebull Principle of Maximum Disclosure Principle of Maximum Disclosure all all
information is accessibleinformation is accessiblebull Information Information All information in possession All information in possession
custody or control of any public authoritycustody or control of any public authoritybull Exceptions Exceptions clear and narrow regime defined clear and narrow regime defined
by law that are legitimate and strictly by law that are legitimate and strictly necessary in a democratic society necessary in a democratic society
Public AuthoritiesPublic Authoritiesbull GovernmentGovernment Executive Legislative and JudicialExecutive Legislative and Judicialbull StructureStructure Central or Federal Regional or Provisional Central or Federal Regional or Provisional
Municipal etc Municipal etc bull Organ or entity Organ or entity Entities owned or controlled by the Entities owned or controlled by the
governmentgovernmentbull Private organizationsPrivate organizations
Receiving substantial public funds or benefitsReceiving substantial public funds or benefits Perform public functions and servicesPerform public functions and services
Right of AccessRight of Accessbull To be informed if the public authority holds the To be informed if the public authority holds the
informationinformationbull To have the information communicated in a timely To have the information communicated in a timely
mannermannerbull To an appeal where access to information is deniedTo an appeal where access to information is deniedbull To make anonymous requestsTo make anonymous requestsbull To make requests without providing a justificationTo make requests without providing a justificationbull To be free from discrimination based on the nature To be free from discrimination based on the nature
of the requestof the request
PART IIPART II Proactive Measures Proactive Measuresbull Publication Schemesbull Key Informationbull Information Asset Registersbull Request and Disclosure Logsbull Previously Released Information
PART IIIPART III Access to Information Access to Informationbull Request for Information
The presentation of a request may be bull in writingbull electronicallybull in personbull any alternative means
The request must contain bull contact informationbull description of information soughtbull form information should be provided
PART IIIPART III Access to Information Access to Informationbull Responding to a Requestbull ReceiptReceipt the public authority must reasonable interpret the
scope and nature of the request
bull AssistanceAssistance the public authority has the obligation to assist requester
bull ResponseResponse the public authority must respond in precise and clear manner
bull ForwardingForwarding if the public authority does not hold the information it must forward the request to the appropriate authority
Information OfficerInformation OfficerIn charge of the law in each authority
bull Internal Promote best practices in maintaining and archiving information
bull External Receipt of requests helping requester receipt of complaints
Time to RespondTime to Respondbull Respond as soon as possible maximum within 20
working days of receipt of requestbull Transfer the date of receipt should not exceed ten
days from the date the request was first receivedbull `
bull Extension if the request covers voluminous records requires the search of offsite locations or requires consultation with other authorities
bull Failure to respond failure to respond is understood to be a denial of a request
CostsCostsbull All requests should be freebull Costs of reproduction can not exceed the
costs of materialsbull Cost of delivery market pricebull Electronic information without costbull Cases of poverty without cost of reproduction
or delivery
PART IVPART IV Exceptions Exceptions
bull Only in two cases can the public authorities deny access to information
Where it would harm PRIVATE interests
Where it would harm PUBLIC interests
Private InterestsPrivate Interests
bull Right to privacy including life health or safety
bull Commercial and legitimate economic interests
bull Intellectual property Patents copyright and trade secrets
Public InterestPublic InterestThe exception applies if the following requirements The exception applies if the following requirements are metare met
bull Access would create a clear probable and specific riskAccess would create a clear probable and specific risk
bull Substantial harmSubstantial harm
bull Which should be further defined by legislationWhich should be further defined by legislation
bull To the following public interestsTo the following public interests
Protected InterestsProtected Interests public safety public safety national security national security the future provision of free and frank advicethe future provision of free and frank advice development of policydevelopment of policy international relationsinternational relations law enforcement prevention investigation and law enforcement prevention investigation and
prosecution of crimeprosecution of crime ability of State to manage the economyability of State to manage the economy financial interests of the public authority financial interests of the public authority tests and auditstests and audits
Public Interest OverridePublic Interest Overridebull The exception does not apply in cases where
the public interest in access to information outweighs the harm caused to the protected interest
bull The exceptions do not apply in cases of violations of human rights or crimes against humanity
PART VPART V Appeals Appealsbull Internal Appeal
System of appeal within the public authoritySystem of appeal within the public authority
bull External AppealSystem based on an Information CommissionSystem based on an Information Commission
bull Judicial ReviewFinal redress before the courts of the stateFinal redress before the courts of the state
bull Inter-American SystemInter-American Commission and Court on Human RightsInter-American Commission and Court on Human Rights
Internal AppealInternal Appealbull Internal appeal before the head of the public Internal appeal before the head of the public
authorityauthority
bull Written decision stating reasons within [10] Written decision stating reasons within [10] daysdays
bull The internal appeal is not mandatoryThe internal appeal is not mandatory
External AppealExternal Appealbull RightRight Any requester who believes that his or her request has Any requester who believes that his or her request has
not been processed in accordance with the Law has the right not been processed in accordance with the Law has the right to file an appeal with the Commissionto file an appeal with the Commission
bull ContentContent the public authority with which the request was the public authority with which the request was filed the contact information of the requester the grounds filed the contact information of the requester the grounds upon which the appeal is based any other information that upon which the appeal is based any other information that the requester considers relevantthe requester considers relevant
bull ProcessProcess Centralized tracking system inform interested Centralized tracking system inform interested parties system for making representations fair and parties system for making representations fair and nondiscriminatory rules system of clarificationsnondiscriminatory rules system of clarifications
External AppealExternal Appealbull TimeframeTimeframe decision within 60 days decision within 60 days
bull ExtensionExtension timeframe can be extended by 60 days in timeframe can be extended by 60 days in extraordinary casesextraordinary cases
bull Types of DecisionsTypes of Decisions 1) reject and appeal 2) require delivery of 1) reject and appeal 2) require delivery of the information or repair any other non-compliancethe information or repair any other non-compliance
bull MediationMediation Once an appeal has been received the Once an appeal has been received the commission may mediate the dispute between he parties in commission may mediate the dispute between he parties in order to achieve delivery of the information without need for order to achieve delivery of the information without need for a full appeal processa full appeal process
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
Model LawModel LawII Definitions Scope and RightDefinitions Scope and RightIIII Measures to Promote OpennessMeasures to Promote OpennessIIIIII Process of AccessProcess of AccessIVIV ExceptionsExceptionsVV AppealsAppealsVIVI Information CommissionInformation CommissionVIIVII Monitoring and ComplianceMonitoring and Compliance
PART IPART I Scope Scopebull Principle of Maximum Disclosure Principle of Maximum Disclosure all all
information is accessibleinformation is accessiblebull Information Information All information in possession All information in possession
custody or control of any public authoritycustody or control of any public authoritybull Exceptions Exceptions clear and narrow regime defined clear and narrow regime defined
by law that are legitimate and strictly by law that are legitimate and strictly necessary in a democratic society necessary in a democratic society
Public AuthoritiesPublic Authoritiesbull GovernmentGovernment Executive Legislative and JudicialExecutive Legislative and Judicialbull StructureStructure Central or Federal Regional or Provisional Central or Federal Regional or Provisional
Municipal etc Municipal etc bull Organ or entity Organ or entity Entities owned or controlled by the Entities owned or controlled by the
governmentgovernmentbull Private organizationsPrivate organizations
Receiving substantial public funds or benefitsReceiving substantial public funds or benefits Perform public functions and servicesPerform public functions and services
Right of AccessRight of Accessbull To be informed if the public authority holds the To be informed if the public authority holds the
informationinformationbull To have the information communicated in a timely To have the information communicated in a timely
mannermannerbull To an appeal where access to information is deniedTo an appeal where access to information is deniedbull To make anonymous requestsTo make anonymous requestsbull To make requests without providing a justificationTo make requests without providing a justificationbull To be free from discrimination based on the nature To be free from discrimination based on the nature
of the requestof the request
PART IIPART II Proactive Measures Proactive Measuresbull Publication Schemesbull Key Informationbull Information Asset Registersbull Request and Disclosure Logsbull Previously Released Information
PART IIIPART III Access to Information Access to Informationbull Request for Information
The presentation of a request may be bull in writingbull electronicallybull in personbull any alternative means
The request must contain bull contact informationbull description of information soughtbull form information should be provided
PART IIIPART III Access to Information Access to Informationbull Responding to a Requestbull ReceiptReceipt the public authority must reasonable interpret the
scope and nature of the request
bull AssistanceAssistance the public authority has the obligation to assist requester
bull ResponseResponse the public authority must respond in precise and clear manner
bull ForwardingForwarding if the public authority does not hold the information it must forward the request to the appropriate authority
Information OfficerInformation OfficerIn charge of the law in each authority
bull Internal Promote best practices in maintaining and archiving information
bull External Receipt of requests helping requester receipt of complaints
Time to RespondTime to Respondbull Respond as soon as possible maximum within 20
working days of receipt of requestbull Transfer the date of receipt should not exceed ten
days from the date the request was first receivedbull `
bull Extension if the request covers voluminous records requires the search of offsite locations or requires consultation with other authorities
bull Failure to respond failure to respond is understood to be a denial of a request
CostsCostsbull All requests should be freebull Costs of reproduction can not exceed the
costs of materialsbull Cost of delivery market pricebull Electronic information without costbull Cases of poverty without cost of reproduction
or delivery
PART IVPART IV Exceptions Exceptions
bull Only in two cases can the public authorities deny access to information
Where it would harm PRIVATE interests
Where it would harm PUBLIC interests
Private InterestsPrivate Interests
bull Right to privacy including life health or safety
bull Commercial and legitimate economic interests
bull Intellectual property Patents copyright and trade secrets
Public InterestPublic InterestThe exception applies if the following requirements The exception applies if the following requirements are metare met
bull Access would create a clear probable and specific riskAccess would create a clear probable and specific risk
bull Substantial harmSubstantial harm
bull Which should be further defined by legislationWhich should be further defined by legislation
bull To the following public interestsTo the following public interests
Protected InterestsProtected Interests public safety public safety national security national security the future provision of free and frank advicethe future provision of free and frank advice development of policydevelopment of policy international relationsinternational relations law enforcement prevention investigation and law enforcement prevention investigation and
prosecution of crimeprosecution of crime ability of State to manage the economyability of State to manage the economy financial interests of the public authority financial interests of the public authority tests and auditstests and audits
Public Interest OverridePublic Interest Overridebull The exception does not apply in cases where
the public interest in access to information outweighs the harm caused to the protected interest
bull The exceptions do not apply in cases of violations of human rights or crimes against humanity
PART VPART V Appeals Appealsbull Internal Appeal
System of appeal within the public authoritySystem of appeal within the public authority
bull External AppealSystem based on an Information CommissionSystem based on an Information Commission
bull Judicial ReviewFinal redress before the courts of the stateFinal redress before the courts of the state
bull Inter-American SystemInter-American Commission and Court on Human RightsInter-American Commission and Court on Human Rights
Internal AppealInternal Appealbull Internal appeal before the head of the public Internal appeal before the head of the public
authorityauthority
bull Written decision stating reasons within [10] Written decision stating reasons within [10] daysdays
bull The internal appeal is not mandatoryThe internal appeal is not mandatory
External AppealExternal Appealbull RightRight Any requester who believes that his or her request has Any requester who believes that his or her request has
not been processed in accordance with the Law has the right not been processed in accordance with the Law has the right to file an appeal with the Commissionto file an appeal with the Commission
bull ContentContent the public authority with which the request was the public authority with which the request was filed the contact information of the requester the grounds filed the contact information of the requester the grounds upon which the appeal is based any other information that upon which the appeal is based any other information that the requester considers relevantthe requester considers relevant
bull ProcessProcess Centralized tracking system inform interested Centralized tracking system inform interested parties system for making representations fair and parties system for making representations fair and nondiscriminatory rules system of clarificationsnondiscriminatory rules system of clarifications
External AppealExternal Appealbull TimeframeTimeframe decision within 60 days decision within 60 days
bull ExtensionExtension timeframe can be extended by 60 days in timeframe can be extended by 60 days in extraordinary casesextraordinary cases
bull Types of DecisionsTypes of Decisions 1) reject and appeal 2) require delivery of 1) reject and appeal 2) require delivery of the information or repair any other non-compliancethe information or repair any other non-compliance
bull MediationMediation Once an appeal has been received the Once an appeal has been received the commission may mediate the dispute between he parties in commission may mediate the dispute between he parties in order to achieve delivery of the information without need for order to achieve delivery of the information without need for a full appeal processa full appeal process
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
PART IPART I Scope Scopebull Principle of Maximum Disclosure Principle of Maximum Disclosure all all
information is accessibleinformation is accessiblebull Information Information All information in possession All information in possession
custody or control of any public authoritycustody or control of any public authoritybull Exceptions Exceptions clear and narrow regime defined clear and narrow regime defined
by law that are legitimate and strictly by law that are legitimate and strictly necessary in a democratic society necessary in a democratic society
Public AuthoritiesPublic Authoritiesbull GovernmentGovernment Executive Legislative and JudicialExecutive Legislative and Judicialbull StructureStructure Central or Federal Regional or Provisional Central or Federal Regional or Provisional
Municipal etc Municipal etc bull Organ or entity Organ or entity Entities owned or controlled by the Entities owned or controlled by the
governmentgovernmentbull Private organizationsPrivate organizations
Receiving substantial public funds or benefitsReceiving substantial public funds or benefits Perform public functions and servicesPerform public functions and services
Right of AccessRight of Accessbull To be informed if the public authority holds the To be informed if the public authority holds the
informationinformationbull To have the information communicated in a timely To have the information communicated in a timely
mannermannerbull To an appeal where access to information is deniedTo an appeal where access to information is deniedbull To make anonymous requestsTo make anonymous requestsbull To make requests without providing a justificationTo make requests without providing a justificationbull To be free from discrimination based on the nature To be free from discrimination based on the nature
of the requestof the request
PART IIPART II Proactive Measures Proactive Measuresbull Publication Schemesbull Key Informationbull Information Asset Registersbull Request and Disclosure Logsbull Previously Released Information
PART IIIPART III Access to Information Access to Informationbull Request for Information
The presentation of a request may be bull in writingbull electronicallybull in personbull any alternative means
The request must contain bull contact informationbull description of information soughtbull form information should be provided
PART IIIPART III Access to Information Access to Informationbull Responding to a Requestbull ReceiptReceipt the public authority must reasonable interpret the
scope and nature of the request
bull AssistanceAssistance the public authority has the obligation to assist requester
bull ResponseResponse the public authority must respond in precise and clear manner
bull ForwardingForwarding if the public authority does not hold the information it must forward the request to the appropriate authority
Information OfficerInformation OfficerIn charge of the law in each authority
bull Internal Promote best practices in maintaining and archiving information
bull External Receipt of requests helping requester receipt of complaints
Time to RespondTime to Respondbull Respond as soon as possible maximum within 20
working days of receipt of requestbull Transfer the date of receipt should not exceed ten
days from the date the request was first receivedbull `
bull Extension if the request covers voluminous records requires the search of offsite locations or requires consultation with other authorities
bull Failure to respond failure to respond is understood to be a denial of a request
CostsCostsbull All requests should be freebull Costs of reproduction can not exceed the
costs of materialsbull Cost of delivery market pricebull Electronic information without costbull Cases of poverty without cost of reproduction
or delivery
PART IVPART IV Exceptions Exceptions
bull Only in two cases can the public authorities deny access to information
Where it would harm PRIVATE interests
Where it would harm PUBLIC interests
Private InterestsPrivate Interests
bull Right to privacy including life health or safety
bull Commercial and legitimate economic interests
bull Intellectual property Patents copyright and trade secrets
Public InterestPublic InterestThe exception applies if the following requirements The exception applies if the following requirements are metare met
bull Access would create a clear probable and specific riskAccess would create a clear probable and specific risk
bull Substantial harmSubstantial harm
bull Which should be further defined by legislationWhich should be further defined by legislation
bull To the following public interestsTo the following public interests
Protected InterestsProtected Interests public safety public safety national security national security the future provision of free and frank advicethe future provision of free and frank advice development of policydevelopment of policy international relationsinternational relations law enforcement prevention investigation and law enforcement prevention investigation and
prosecution of crimeprosecution of crime ability of State to manage the economyability of State to manage the economy financial interests of the public authority financial interests of the public authority tests and auditstests and audits
Public Interest OverridePublic Interest Overridebull The exception does not apply in cases where
the public interest in access to information outweighs the harm caused to the protected interest
bull The exceptions do not apply in cases of violations of human rights or crimes against humanity
PART VPART V Appeals Appealsbull Internal Appeal
System of appeal within the public authoritySystem of appeal within the public authority
bull External AppealSystem based on an Information CommissionSystem based on an Information Commission
bull Judicial ReviewFinal redress before the courts of the stateFinal redress before the courts of the state
bull Inter-American SystemInter-American Commission and Court on Human RightsInter-American Commission and Court on Human Rights
Internal AppealInternal Appealbull Internal appeal before the head of the public Internal appeal before the head of the public
authorityauthority
bull Written decision stating reasons within [10] Written decision stating reasons within [10] daysdays
bull The internal appeal is not mandatoryThe internal appeal is not mandatory
External AppealExternal Appealbull RightRight Any requester who believes that his or her request has Any requester who believes that his or her request has
not been processed in accordance with the Law has the right not been processed in accordance with the Law has the right to file an appeal with the Commissionto file an appeal with the Commission
bull ContentContent the public authority with which the request was the public authority with which the request was filed the contact information of the requester the grounds filed the contact information of the requester the grounds upon which the appeal is based any other information that upon which the appeal is based any other information that the requester considers relevantthe requester considers relevant
bull ProcessProcess Centralized tracking system inform interested Centralized tracking system inform interested parties system for making representations fair and parties system for making representations fair and nondiscriminatory rules system of clarificationsnondiscriminatory rules system of clarifications
External AppealExternal Appealbull TimeframeTimeframe decision within 60 days decision within 60 days
bull ExtensionExtension timeframe can be extended by 60 days in timeframe can be extended by 60 days in extraordinary casesextraordinary cases
bull Types of DecisionsTypes of Decisions 1) reject and appeal 2) require delivery of 1) reject and appeal 2) require delivery of the information or repair any other non-compliancethe information or repair any other non-compliance
bull MediationMediation Once an appeal has been received the Once an appeal has been received the commission may mediate the dispute between he parties in commission may mediate the dispute between he parties in order to achieve delivery of the information without need for order to achieve delivery of the information without need for a full appeal processa full appeal process
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
Public AuthoritiesPublic Authoritiesbull GovernmentGovernment Executive Legislative and JudicialExecutive Legislative and Judicialbull StructureStructure Central or Federal Regional or Provisional Central or Federal Regional or Provisional
Municipal etc Municipal etc bull Organ or entity Organ or entity Entities owned or controlled by the Entities owned or controlled by the
governmentgovernmentbull Private organizationsPrivate organizations
Receiving substantial public funds or benefitsReceiving substantial public funds or benefits Perform public functions and servicesPerform public functions and services
Right of AccessRight of Accessbull To be informed if the public authority holds the To be informed if the public authority holds the
informationinformationbull To have the information communicated in a timely To have the information communicated in a timely
mannermannerbull To an appeal where access to information is deniedTo an appeal where access to information is deniedbull To make anonymous requestsTo make anonymous requestsbull To make requests without providing a justificationTo make requests without providing a justificationbull To be free from discrimination based on the nature To be free from discrimination based on the nature
of the requestof the request
PART IIPART II Proactive Measures Proactive Measuresbull Publication Schemesbull Key Informationbull Information Asset Registersbull Request and Disclosure Logsbull Previously Released Information
PART IIIPART III Access to Information Access to Informationbull Request for Information
The presentation of a request may be bull in writingbull electronicallybull in personbull any alternative means
The request must contain bull contact informationbull description of information soughtbull form information should be provided
PART IIIPART III Access to Information Access to Informationbull Responding to a Requestbull ReceiptReceipt the public authority must reasonable interpret the
scope and nature of the request
bull AssistanceAssistance the public authority has the obligation to assist requester
bull ResponseResponse the public authority must respond in precise and clear manner
bull ForwardingForwarding if the public authority does not hold the information it must forward the request to the appropriate authority
Information OfficerInformation OfficerIn charge of the law in each authority
bull Internal Promote best practices in maintaining and archiving information
bull External Receipt of requests helping requester receipt of complaints
Time to RespondTime to Respondbull Respond as soon as possible maximum within 20
working days of receipt of requestbull Transfer the date of receipt should not exceed ten
days from the date the request was first receivedbull `
bull Extension if the request covers voluminous records requires the search of offsite locations or requires consultation with other authorities
bull Failure to respond failure to respond is understood to be a denial of a request
CostsCostsbull All requests should be freebull Costs of reproduction can not exceed the
costs of materialsbull Cost of delivery market pricebull Electronic information without costbull Cases of poverty without cost of reproduction
or delivery
PART IVPART IV Exceptions Exceptions
bull Only in two cases can the public authorities deny access to information
Where it would harm PRIVATE interests
Where it would harm PUBLIC interests
Private InterestsPrivate Interests
bull Right to privacy including life health or safety
bull Commercial and legitimate economic interests
bull Intellectual property Patents copyright and trade secrets
Public InterestPublic InterestThe exception applies if the following requirements The exception applies if the following requirements are metare met
bull Access would create a clear probable and specific riskAccess would create a clear probable and specific risk
bull Substantial harmSubstantial harm
bull Which should be further defined by legislationWhich should be further defined by legislation
bull To the following public interestsTo the following public interests
Protected InterestsProtected Interests public safety public safety national security national security the future provision of free and frank advicethe future provision of free and frank advice development of policydevelopment of policy international relationsinternational relations law enforcement prevention investigation and law enforcement prevention investigation and
prosecution of crimeprosecution of crime ability of State to manage the economyability of State to manage the economy financial interests of the public authority financial interests of the public authority tests and auditstests and audits
Public Interest OverridePublic Interest Overridebull The exception does not apply in cases where
the public interest in access to information outweighs the harm caused to the protected interest
bull The exceptions do not apply in cases of violations of human rights or crimes against humanity
PART VPART V Appeals Appealsbull Internal Appeal
System of appeal within the public authoritySystem of appeal within the public authority
bull External AppealSystem based on an Information CommissionSystem based on an Information Commission
bull Judicial ReviewFinal redress before the courts of the stateFinal redress before the courts of the state
bull Inter-American SystemInter-American Commission and Court on Human RightsInter-American Commission and Court on Human Rights
Internal AppealInternal Appealbull Internal appeal before the head of the public Internal appeal before the head of the public
authorityauthority
bull Written decision stating reasons within [10] Written decision stating reasons within [10] daysdays
bull The internal appeal is not mandatoryThe internal appeal is not mandatory
External AppealExternal Appealbull RightRight Any requester who believes that his or her request has Any requester who believes that his or her request has
not been processed in accordance with the Law has the right not been processed in accordance with the Law has the right to file an appeal with the Commissionto file an appeal with the Commission
bull ContentContent the public authority with which the request was the public authority with which the request was filed the contact information of the requester the grounds filed the contact information of the requester the grounds upon which the appeal is based any other information that upon which the appeal is based any other information that the requester considers relevantthe requester considers relevant
bull ProcessProcess Centralized tracking system inform interested Centralized tracking system inform interested parties system for making representations fair and parties system for making representations fair and nondiscriminatory rules system of clarificationsnondiscriminatory rules system of clarifications
External AppealExternal Appealbull TimeframeTimeframe decision within 60 days decision within 60 days
bull ExtensionExtension timeframe can be extended by 60 days in timeframe can be extended by 60 days in extraordinary casesextraordinary cases
bull Types of DecisionsTypes of Decisions 1) reject and appeal 2) require delivery of 1) reject and appeal 2) require delivery of the information or repair any other non-compliancethe information or repair any other non-compliance
bull MediationMediation Once an appeal has been received the Once an appeal has been received the commission may mediate the dispute between he parties in commission may mediate the dispute between he parties in order to achieve delivery of the information without need for order to achieve delivery of the information without need for a full appeal processa full appeal process
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
Right of AccessRight of Accessbull To be informed if the public authority holds the To be informed if the public authority holds the
informationinformationbull To have the information communicated in a timely To have the information communicated in a timely
mannermannerbull To an appeal where access to information is deniedTo an appeal where access to information is deniedbull To make anonymous requestsTo make anonymous requestsbull To make requests without providing a justificationTo make requests without providing a justificationbull To be free from discrimination based on the nature To be free from discrimination based on the nature
of the requestof the request
PART IIPART II Proactive Measures Proactive Measuresbull Publication Schemesbull Key Informationbull Information Asset Registersbull Request and Disclosure Logsbull Previously Released Information
PART IIIPART III Access to Information Access to Informationbull Request for Information
The presentation of a request may be bull in writingbull electronicallybull in personbull any alternative means
The request must contain bull contact informationbull description of information soughtbull form information should be provided
PART IIIPART III Access to Information Access to Informationbull Responding to a Requestbull ReceiptReceipt the public authority must reasonable interpret the
scope and nature of the request
bull AssistanceAssistance the public authority has the obligation to assist requester
bull ResponseResponse the public authority must respond in precise and clear manner
bull ForwardingForwarding if the public authority does not hold the information it must forward the request to the appropriate authority
Information OfficerInformation OfficerIn charge of the law in each authority
bull Internal Promote best practices in maintaining and archiving information
bull External Receipt of requests helping requester receipt of complaints
Time to RespondTime to Respondbull Respond as soon as possible maximum within 20
working days of receipt of requestbull Transfer the date of receipt should not exceed ten
days from the date the request was first receivedbull `
bull Extension if the request covers voluminous records requires the search of offsite locations or requires consultation with other authorities
bull Failure to respond failure to respond is understood to be a denial of a request
CostsCostsbull All requests should be freebull Costs of reproduction can not exceed the
costs of materialsbull Cost of delivery market pricebull Electronic information without costbull Cases of poverty without cost of reproduction
or delivery
PART IVPART IV Exceptions Exceptions
bull Only in two cases can the public authorities deny access to information
Where it would harm PRIVATE interests
Where it would harm PUBLIC interests
Private InterestsPrivate Interests
bull Right to privacy including life health or safety
bull Commercial and legitimate economic interests
bull Intellectual property Patents copyright and trade secrets
Public InterestPublic InterestThe exception applies if the following requirements The exception applies if the following requirements are metare met
bull Access would create a clear probable and specific riskAccess would create a clear probable and specific risk
bull Substantial harmSubstantial harm
bull Which should be further defined by legislationWhich should be further defined by legislation
bull To the following public interestsTo the following public interests
Protected InterestsProtected Interests public safety public safety national security national security the future provision of free and frank advicethe future provision of free and frank advice development of policydevelopment of policy international relationsinternational relations law enforcement prevention investigation and law enforcement prevention investigation and
prosecution of crimeprosecution of crime ability of State to manage the economyability of State to manage the economy financial interests of the public authority financial interests of the public authority tests and auditstests and audits
Public Interest OverridePublic Interest Overridebull The exception does not apply in cases where
the public interest in access to information outweighs the harm caused to the protected interest
bull The exceptions do not apply in cases of violations of human rights or crimes against humanity
PART VPART V Appeals Appealsbull Internal Appeal
System of appeal within the public authoritySystem of appeal within the public authority
bull External AppealSystem based on an Information CommissionSystem based on an Information Commission
bull Judicial ReviewFinal redress before the courts of the stateFinal redress before the courts of the state
bull Inter-American SystemInter-American Commission and Court on Human RightsInter-American Commission and Court on Human Rights
Internal AppealInternal Appealbull Internal appeal before the head of the public Internal appeal before the head of the public
authorityauthority
bull Written decision stating reasons within [10] Written decision stating reasons within [10] daysdays
bull The internal appeal is not mandatoryThe internal appeal is not mandatory
External AppealExternal Appealbull RightRight Any requester who believes that his or her request has Any requester who believes that his or her request has
not been processed in accordance with the Law has the right not been processed in accordance with the Law has the right to file an appeal with the Commissionto file an appeal with the Commission
bull ContentContent the public authority with which the request was the public authority with which the request was filed the contact information of the requester the grounds filed the contact information of the requester the grounds upon which the appeal is based any other information that upon which the appeal is based any other information that the requester considers relevantthe requester considers relevant
bull ProcessProcess Centralized tracking system inform interested Centralized tracking system inform interested parties system for making representations fair and parties system for making representations fair and nondiscriminatory rules system of clarificationsnondiscriminatory rules system of clarifications
External AppealExternal Appealbull TimeframeTimeframe decision within 60 days decision within 60 days
bull ExtensionExtension timeframe can be extended by 60 days in timeframe can be extended by 60 days in extraordinary casesextraordinary cases
bull Types of DecisionsTypes of Decisions 1) reject and appeal 2) require delivery of 1) reject and appeal 2) require delivery of the information or repair any other non-compliancethe information or repair any other non-compliance
bull MediationMediation Once an appeal has been received the Once an appeal has been received the commission may mediate the dispute between he parties in commission may mediate the dispute between he parties in order to achieve delivery of the information without need for order to achieve delivery of the information without need for a full appeal processa full appeal process
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
PART IIPART II Proactive Measures Proactive Measuresbull Publication Schemesbull Key Informationbull Information Asset Registersbull Request and Disclosure Logsbull Previously Released Information
PART IIIPART III Access to Information Access to Informationbull Request for Information
The presentation of a request may be bull in writingbull electronicallybull in personbull any alternative means
The request must contain bull contact informationbull description of information soughtbull form information should be provided
PART IIIPART III Access to Information Access to Informationbull Responding to a Requestbull ReceiptReceipt the public authority must reasonable interpret the
scope and nature of the request
bull AssistanceAssistance the public authority has the obligation to assist requester
bull ResponseResponse the public authority must respond in precise and clear manner
bull ForwardingForwarding if the public authority does not hold the information it must forward the request to the appropriate authority
Information OfficerInformation OfficerIn charge of the law in each authority
bull Internal Promote best practices in maintaining and archiving information
bull External Receipt of requests helping requester receipt of complaints
Time to RespondTime to Respondbull Respond as soon as possible maximum within 20
working days of receipt of requestbull Transfer the date of receipt should not exceed ten
days from the date the request was first receivedbull `
bull Extension if the request covers voluminous records requires the search of offsite locations or requires consultation with other authorities
bull Failure to respond failure to respond is understood to be a denial of a request
CostsCostsbull All requests should be freebull Costs of reproduction can not exceed the
costs of materialsbull Cost of delivery market pricebull Electronic information without costbull Cases of poverty without cost of reproduction
or delivery
PART IVPART IV Exceptions Exceptions
bull Only in two cases can the public authorities deny access to information
Where it would harm PRIVATE interests
Where it would harm PUBLIC interests
Private InterestsPrivate Interests
bull Right to privacy including life health or safety
bull Commercial and legitimate economic interests
bull Intellectual property Patents copyright and trade secrets
Public InterestPublic InterestThe exception applies if the following requirements The exception applies if the following requirements are metare met
bull Access would create a clear probable and specific riskAccess would create a clear probable and specific risk
bull Substantial harmSubstantial harm
bull Which should be further defined by legislationWhich should be further defined by legislation
bull To the following public interestsTo the following public interests
Protected InterestsProtected Interests public safety public safety national security national security the future provision of free and frank advicethe future provision of free and frank advice development of policydevelopment of policy international relationsinternational relations law enforcement prevention investigation and law enforcement prevention investigation and
prosecution of crimeprosecution of crime ability of State to manage the economyability of State to manage the economy financial interests of the public authority financial interests of the public authority tests and auditstests and audits
Public Interest OverridePublic Interest Overridebull The exception does not apply in cases where
the public interest in access to information outweighs the harm caused to the protected interest
bull The exceptions do not apply in cases of violations of human rights or crimes against humanity
PART VPART V Appeals Appealsbull Internal Appeal
System of appeal within the public authoritySystem of appeal within the public authority
bull External AppealSystem based on an Information CommissionSystem based on an Information Commission
bull Judicial ReviewFinal redress before the courts of the stateFinal redress before the courts of the state
bull Inter-American SystemInter-American Commission and Court on Human RightsInter-American Commission and Court on Human Rights
Internal AppealInternal Appealbull Internal appeal before the head of the public Internal appeal before the head of the public
authorityauthority
bull Written decision stating reasons within [10] Written decision stating reasons within [10] daysdays
bull The internal appeal is not mandatoryThe internal appeal is not mandatory
External AppealExternal Appealbull RightRight Any requester who believes that his or her request has Any requester who believes that his or her request has
not been processed in accordance with the Law has the right not been processed in accordance with the Law has the right to file an appeal with the Commissionto file an appeal with the Commission
bull ContentContent the public authority with which the request was the public authority with which the request was filed the contact information of the requester the grounds filed the contact information of the requester the grounds upon which the appeal is based any other information that upon which the appeal is based any other information that the requester considers relevantthe requester considers relevant
bull ProcessProcess Centralized tracking system inform interested Centralized tracking system inform interested parties system for making representations fair and parties system for making representations fair and nondiscriminatory rules system of clarificationsnondiscriminatory rules system of clarifications
External AppealExternal Appealbull TimeframeTimeframe decision within 60 days decision within 60 days
bull ExtensionExtension timeframe can be extended by 60 days in timeframe can be extended by 60 days in extraordinary casesextraordinary cases
bull Types of DecisionsTypes of Decisions 1) reject and appeal 2) require delivery of 1) reject and appeal 2) require delivery of the information or repair any other non-compliancethe information or repair any other non-compliance
bull MediationMediation Once an appeal has been received the Once an appeal has been received the commission may mediate the dispute between he parties in commission may mediate the dispute between he parties in order to achieve delivery of the information without need for order to achieve delivery of the information without need for a full appeal processa full appeal process
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
PART IIIPART III Access to Information Access to Informationbull Request for Information
The presentation of a request may be bull in writingbull electronicallybull in personbull any alternative means
The request must contain bull contact informationbull description of information soughtbull form information should be provided
PART IIIPART III Access to Information Access to Informationbull Responding to a Requestbull ReceiptReceipt the public authority must reasonable interpret the
scope and nature of the request
bull AssistanceAssistance the public authority has the obligation to assist requester
bull ResponseResponse the public authority must respond in precise and clear manner
bull ForwardingForwarding if the public authority does not hold the information it must forward the request to the appropriate authority
Information OfficerInformation OfficerIn charge of the law in each authority
bull Internal Promote best practices in maintaining and archiving information
bull External Receipt of requests helping requester receipt of complaints
Time to RespondTime to Respondbull Respond as soon as possible maximum within 20
working days of receipt of requestbull Transfer the date of receipt should not exceed ten
days from the date the request was first receivedbull `
bull Extension if the request covers voluminous records requires the search of offsite locations or requires consultation with other authorities
bull Failure to respond failure to respond is understood to be a denial of a request
CostsCostsbull All requests should be freebull Costs of reproduction can not exceed the
costs of materialsbull Cost of delivery market pricebull Electronic information without costbull Cases of poverty without cost of reproduction
or delivery
PART IVPART IV Exceptions Exceptions
bull Only in two cases can the public authorities deny access to information
Where it would harm PRIVATE interests
Where it would harm PUBLIC interests
Private InterestsPrivate Interests
bull Right to privacy including life health or safety
bull Commercial and legitimate economic interests
bull Intellectual property Patents copyright and trade secrets
Public InterestPublic InterestThe exception applies if the following requirements The exception applies if the following requirements are metare met
bull Access would create a clear probable and specific riskAccess would create a clear probable and specific risk
bull Substantial harmSubstantial harm
bull Which should be further defined by legislationWhich should be further defined by legislation
bull To the following public interestsTo the following public interests
Protected InterestsProtected Interests public safety public safety national security national security the future provision of free and frank advicethe future provision of free and frank advice development of policydevelopment of policy international relationsinternational relations law enforcement prevention investigation and law enforcement prevention investigation and
prosecution of crimeprosecution of crime ability of State to manage the economyability of State to manage the economy financial interests of the public authority financial interests of the public authority tests and auditstests and audits
Public Interest OverridePublic Interest Overridebull The exception does not apply in cases where
the public interest in access to information outweighs the harm caused to the protected interest
bull The exceptions do not apply in cases of violations of human rights or crimes against humanity
PART VPART V Appeals Appealsbull Internal Appeal
System of appeal within the public authoritySystem of appeal within the public authority
bull External AppealSystem based on an Information CommissionSystem based on an Information Commission
bull Judicial ReviewFinal redress before the courts of the stateFinal redress before the courts of the state
bull Inter-American SystemInter-American Commission and Court on Human RightsInter-American Commission and Court on Human Rights
Internal AppealInternal Appealbull Internal appeal before the head of the public Internal appeal before the head of the public
authorityauthority
bull Written decision stating reasons within [10] Written decision stating reasons within [10] daysdays
bull The internal appeal is not mandatoryThe internal appeal is not mandatory
External AppealExternal Appealbull RightRight Any requester who believes that his or her request has Any requester who believes that his or her request has
not been processed in accordance with the Law has the right not been processed in accordance with the Law has the right to file an appeal with the Commissionto file an appeal with the Commission
bull ContentContent the public authority with which the request was the public authority with which the request was filed the contact information of the requester the grounds filed the contact information of the requester the grounds upon which the appeal is based any other information that upon which the appeal is based any other information that the requester considers relevantthe requester considers relevant
bull ProcessProcess Centralized tracking system inform interested Centralized tracking system inform interested parties system for making representations fair and parties system for making representations fair and nondiscriminatory rules system of clarificationsnondiscriminatory rules system of clarifications
External AppealExternal Appealbull TimeframeTimeframe decision within 60 days decision within 60 days
bull ExtensionExtension timeframe can be extended by 60 days in timeframe can be extended by 60 days in extraordinary casesextraordinary cases
bull Types of DecisionsTypes of Decisions 1) reject and appeal 2) require delivery of 1) reject and appeal 2) require delivery of the information or repair any other non-compliancethe information or repair any other non-compliance
bull MediationMediation Once an appeal has been received the Once an appeal has been received the commission may mediate the dispute between he parties in commission may mediate the dispute between he parties in order to achieve delivery of the information without need for order to achieve delivery of the information without need for a full appeal processa full appeal process
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
PART IIIPART III Access to Information Access to Informationbull Responding to a Requestbull ReceiptReceipt the public authority must reasonable interpret the
scope and nature of the request
bull AssistanceAssistance the public authority has the obligation to assist requester
bull ResponseResponse the public authority must respond in precise and clear manner
bull ForwardingForwarding if the public authority does not hold the information it must forward the request to the appropriate authority
Information OfficerInformation OfficerIn charge of the law in each authority
bull Internal Promote best practices in maintaining and archiving information
bull External Receipt of requests helping requester receipt of complaints
Time to RespondTime to Respondbull Respond as soon as possible maximum within 20
working days of receipt of requestbull Transfer the date of receipt should not exceed ten
days from the date the request was first receivedbull `
bull Extension if the request covers voluminous records requires the search of offsite locations or requires consultation with other authorities
bull Failure to respond failure to respond is understood to be a denial of a request
CostsCostsbull All requests should be freebull Costs of reproduction can not exceed the
costs of materialsbull Cost of delivery market pricebull Electronic information without costbull Cases of poverty without cost of reproduction
or delivery
PART IVPART IV Exceptions Exceptions
bull Only in two cases can the public authorities deny access to information
Where it would harm PRIVATE interests
Where it would harm PUBLIC interests
Private InterestsPrivate Interests
bull Right to privacy including life health or safety
bull Commercial and legitimate economic interests
bull Intellectual property Patents copyright and trade secrets
Public InterestPublic InterestThe exception applies if the following requirements The exception applies if the following requirements are metare met
bull Access would create a clear probable and specific riskAccess would create a clear probable and specific risk
bull Substantial harmSubstantial harm
bull Which should be further defined by legislationWhich should be further defined by legislation
bull To the following public interestsTo the following public interests
Protected InterestsProtected Interests public safety public safety national security national security the future provision of free and frank advicethe future provision of free and frank advice development of policydevelopment of policy international relationsinternational relations law enforcement prevention investigation and law enforcement prevention investigation and
prosecution of crimeprosecution of crime ability of State to manage the economyability of State to manage the economy financial interests of the public authority financial interests of the public authority tests and auditstests and audits
Public Interest OverridePublic Interest Overridebull The exception does not apply in cases where
the public interest in access to information outweighs the harm caused to the protected interest
bull The exceptions do not apply in cases of violations of human rights or crimes against humanity
PART VPART V Appeals Appealsbull Internal Appeal
System of appeal within the public authoritySystem of appeal within the public authority
bull External AppealSystem based on an Information CommissionSystem based on an Information Commission
bull Judicial ReviewFinal redress before the courts of the stateFinal redress before the courts of the state
bull Inter-American SystemInter-American Commission and Court on Human RightsInter-American Commission and Court on Human Rights
Internal AppealInternal Appealbull Internal appeal before the head of the public Internal appeal before the head of the public
authorityauthority
bull Written decision stating reasons within [10] Written decision stating reasons within [10] daysdays
bull The internal appeal is not mandatoryThe internal appeal is not mandatory
External AppealExternal Appealbull RightRight Any requester who believes that his or her request has Any requester who believes that his or her request has
not been processed in accordance with the Law has the right not been processed in accordance with the Law has the right to file an appeal with the Commissionto file an appeal with the Commission
bull ContentContent the public authority with which the request was the public authority with which the request was filed the contact information of the requester the grounds filed the contact information of the requester the grounds upon which the appeal is based any other information that upon which the appeal is based any other information that the requester considers relevantthe requester considers relevant
bull ProcessProcess Centralized tracking system inform interested Centralized tracking system inform interested parties system for making representations fair and parties system for making representations fair and nondiscriminatory rules system of clarificationsnondiscriminatory rules system of clarifications
External AppealExternal Appealbull TimeframeTimeframe decision within 60 days decision within 60 days
bull ExtensionExtension timeframe can be extended by 60 days in timeframe can be extended by 60 days in extraordinary casesextraordinary cases
bull Types of DecisionsTypes of Decisions 1) reject and appeal 2) require delivery of 1) reject and appeal 2) require delivery of the information or repair any other non-compliancethe information or repair any other non-compliance
bull MediationMediation Once an appeal has been received the Once an appeal has been received the commission may mediate the dispute between he parties in commission may mediate the dispute between he parties in order to achieve delivery of the information without need for order to achieve delivery of the information without need for a full appeal processa full appeal process
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
Information OfficerInformation OfficerIn charge of the law in each authority
bull Internal Promote best practices in maintaining and archiving information
bull External Receipt of requests helping requester receipt of complaints
Time to RespondTime to Respondbull Respond as soon as possible maximum within 20
working days of receipt of requestbull Transfer the date of receipt should not exceed ten
days from the date the request was first receivedbull `
bull Extension if the request covers voluminous records requires the search of offsite locations or requires consultation with other authorities
bull Failure to respond failure to respond is understood to be a denial of a request
CostsCostsbull All requests should be freebull Costs of reproduction can not exceed the
costs of materialsbull Cost of delivery market pricebull Electronic information without costbull Cases of poverty without cost of reproduction
or delivery
PART IVPART IV Exceptions Exceptions
bull Only in two cases can the public authorities deny access to information
Where it would harm PRIVATE interests
Where it would harm PUBLIC interests
Private InterestsPrivate Interests
bull Right to privacy including life health or safety
bull Commercial and legitimate economic interests
bull Intellectual property Patents copyright and trade secrets
Public InterestPublic InterestThe exception applies if the following requirements The exception applies if the following requirements are metare met
bull Access would create a clear probable and specific riskAccess would create a clear probable and specific risk
bull Substantial harmSubstantial harm
bull Which should be further defined by legislationWhich should be further defined by legislation
bull To the following public interestsTo the following public interests
Protected InterestsProtected Interests public safety public safety national security national security the future provision of free and frank advicethe future provision of free and frank advice development of policydevelopment of policy international relationsinternational relations law enforcement prevention investigation and law enforcement prevention investigation and
prosecution of crimeprosecution of crime ability of State to manage the economyability of State to manage the economy financial interests of the public authority financial interests of the public authority tests and auditstests and audits
Public Interest OverridePublic Interest Overridebull The exception does not apply in cases where
the public interest in access to information outweighs the harm caused to the protected interest
bull The exceptions do not apply in cases of violations of human rights or crimes against humanity
PART VPART V Appeals Appealsbull Internal Appeal
System of appeal within the public authoritySystem of appeal within the public authority
bull External AppealSystem based on an Information CommissionSystem based on an Information Commission
bull Judicial ReviewFinal redress before the courts of the stateFinal redress before the courts of the state
bull Inter-American SystemInter-American Commission and Court on Human RightsInter-American Commission and Court on Human Rights
Internal AppealInternal Appealbull Internal appeal before the head of the public Internal appeal before the head of the public
authorityauthority
bull Written decision stating reasons within [10] Written decision stating reasons within [10] daysdays
bull The internal appeal is not mandatoryThe internal appeal is not mandatory
External AppealExternal Appealbull RightRight Any requester who believes that his or her request has Any requester who believes that his or her request has
not been processed in accordance with the Law has the right not been processed in accordance with the Law has the right to file an appeal with the Commissionto file an appeal with the Commission
bull ContentContent the public authority with which the request was the public authority with which the request was filed the contact information of the requester the grounds filed the contact information of the requester the grounds upon which the appeal is based any other information that upon which the appeal is based any other information that the requester considers relevantthe requester considers relevant
bull ProcessProcess Centralized tracking system inform interested Centralized tracking system inform interested parties system for making representations fair and parties system for making representations fair and nondiscriminatory rules system of clarificationsnondiscriminatory rules system of clarifications
External AppealExternal Appealbull TimeframeTimeframe decision within 60 days decision within 60 days
bull ExtensionExtension timeframe can be extended by 60 days in timeframe can be extended by 60 days in extraordinary casesextraordinary cases
bull Types of DecisionsTypes of Decisions 1) reject and appeal 2) require delivery of 1) reject and appeal 2) require delivery of the information or repair any other non-compliancethe information or repair any other non-compliance
bull MediationMediation Once an appeal has been received the Once an appeal has been received the commission may mediate the dispute between he parties in commission may mediate the dispute between he parties in order to achieve delivery of the information without need for order to achieve delivery of the information without need for a full appeal processa full appeal process
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
Time to RespondTime to Respondbull Respond as soon as possible maximum within 20
working days of receipt of requestbull Transfer the date of receipt should not exceed ten
days from the date the request was first receivedbull `
bull Extension if the request covers voluminous records requires the search of offsite locations or requires consultation with other authorities
bull Failure to respond failure to respond is understood to be a denial of a request
CostsCostsbull All requests should be freebull Costs of reproduction can not exceed the
costs of materialsbull Cost of delivery market pricebull Electronic information without costbull Cases of poverty without cost of reproduction
or delivery
PART IVPART IV Exceptions Exceptions
bull Only in two cases can the public authorities deny access to information
Where it would harm PRIVATE interests
Where it would harm PUBLIC interests
Private InterestsPrivate Interests
bull Right to privacy including life health or safety
bull Commercial and legitimate economic interests
bull Intellectual property Patents copyright and trade secrets
Public InterestPublic InterestThe exception applies if the following requirements The exception applies if the following requirements are metare met
bull Access would create a clear probable and specific riskAccess would create a clear probable and specific risk
bull Substantial harmSubstantial harm
bull Which should be further defined by legislationWhich should be further defined by legislation
bull To the following public interestsTo the following public interests
Protected InterestsProtected Interests public safety public safety national security national security the future provision of free and frank advicethe future provision of free and frank advice development of policydevelopment of policy international relationsinternational relations law enforcement prevention investigation and law enforcement prevention investigation and
prosecution of crimeprosecution of crime ability of State to manage the economyability of State to manage the economy financial interests of the public authority financial interests of the public authority tests and auditstests and audits
Public Interest OverridePublic Interest Overridebull The exception does not apply in cases where
the public interest in access to information outweighs the harm caused to the protected interest
bull The exceptions do not apply in cases of violations of human rights or crimes against humanity
PART VPART V Appeals Appealsbull Internal Appeal
System of appeal within the public authoritySystem of appeal within the public authority
bull External AppealSystem based on an Information CommissionSystem based on an Information Commission
bull Judicial ReviewFinal redress before the courts of the stateFinal redress before the courts of the state
bull Inter-American SystemInter-American Commission and Court on Human RightsInter-American Commission and Court on Human Rights
Internal AppealInternal Appealbull Internal appeal before the head of the public Internal appeal before the head of the public
authorityauthority
bull Written decision stating reasons within [10] Written decision stating reasons within [10] daysdays
bull The internal appeal is not mandatoryThe internal appeal is not mandatory
External AppealExternal Appealbull RightRight Any requester who believes that his or her request has Any requester who believes that his or her request has
not been processed in accordance with the Law has the right not been processed in accordance with the Law has the right to file an appeal with the Commissionto file an appeal with the Commission
bull ContentContent the public authority with which the request was the public authority with which the request was filed the contact information of the requester the grounds filed the contact information of the requester the grounds upon which the appeal is based any other information that upon which the appeal is based any other information that the requester considers relevantthe requester considers relevant
bull ProcessProcess Centralized tracking system inform interested Centralized tracking system inform interested parties system for making representations fair and parties system for making representations fair and nondiscriminatory rules system of clarificationsnondiscriminatory rules system of clarifications
External AppealExternal Appealbull TimeframeTimeframe decision within 60 days decision within 60 days
bull ExtensionExtension timeframe can be extended by 60 days in timeframe can be extended by 60 days in extraordinary casesextraordinary cases
bull Types of DecisionsTypes of Decisions 1) reject and appeal 2) require delivery of 1) reject and appeal 2) require delivery of the information or repair any other non-compliancethe information or repair any other non-compliance
bull MediationMediation Once an appeal has been received the Once an appeal has been received the commission may mediate the dispute between he parties in commission may mediate the dispute between he parties in order to achieve delivery of the information without need for order to achieve delivery of the information without need for a full appeal processa full appeal process
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
CostsCostsbull All requests should be freebull Costs of reproduction can not exceed the
costs of materialsbull Cost of delivery market pricebull Electronic information without costbull Cases of poverty without cost of reproduction
or delivery
PART IVPART IV Exceptions Exceptions
bull Only in two cases can the public authorities deny access to information
Where it would harm PRIVATE interests
Where it would harm PUBLIC interests
Private InterestsPrivate Interests
bull Right to privacy including life health or safety
bull Commercial and legitimate economic interests
bull Intellectual property Patents copyright and trade secrets
Public InterestPublic InterestThe exception applies if the following requirements The exception applies if the following requirements are metare met
bull Access would create a clear probable and specific riskAccess would create a clear probable and specific risk
bull Substantial harmSubstantial harm
bull Which should be further defined by legislationWhich should be further defined by legislation
bull To the following public interestsTo the following public interests
Protected InterestsProtected Interests public safety public safety national security national security the future provision of free and frank advicethe future provision of free and frank advice development of policydevelopment of policy international relationsinternational relations law enforcement prevention investigation and law enforcement prevention investigation and
prosecution of crimeprosecution of crime ability of State to manage the economyability of State to manage the economy financial interests of the public authority financial interests of the public authority tests and auditstests and audits
Public Interest OverridePublic Interest Overridebull The exception does not apply in cases where
the public interest in access to information outweighs the harm caused to the protected interest
bull The exceptions do not apply in cases of violations of human rights or crimes against humanity
PART VPART V Appeals Appealsbull Internal Appeal
System of appeal within the public authoritySystem of appeal within the public authority
bull External AppealSystem based on an Information CommissionSystem based on an Information Commission
bull Judicial ReviewFinal redress before the courts of the stateFinal redress before the courts of the state
bull Inter-American SystemInter-American Commission and Court on Human RightsInter-American Commission and Court on Human Rights
Internal AppealInternal Appealbull Internal appeal before the head of the public Internal appeal before the head of the public
authorityauthority
bull Written decision stating reasons within [10] Written decision stating reasons within [10] daysdays
bull The internal appeal is not mandatoryThe internal appeal is not mandatory
External AppealExternal Appealbull RightRight Any requester who believes that his or her request has Any requester who believes that his or her request has
not been processed in accordance with the Law has the right not been processed in accordance with the Law has the right to file an appeal with the Commissionto file an appeal with the Commission
bull ContentContent the public authority with which the request was the public authority with which the request was filed the contact information of the requester the grounds filed the contact information of the requester the grounds upon which the appeal is based any other information that upon which the appeal is based any other information that the requester considers relevantthe requester considers relevant
bull ProcessProcess Centralized tracking system inform interested Centralized tracking system inform interested parties system for making representations fair and parties system for making representations fair and nondiscriminatory rules system of clarificationsnondiscriminatory rules system of clarifications
External AppealExternal Appealbull TimeframeTimeframe decision within 60 days decision within 60 days
bull ExtensionExtension timeframe can be extended by 60 days in timeframe can be extended by 60 days in extraordinary casesextraordinary cases
bull Types of DecisionsTypes of Decisions 1) reject and appeal 2) require delivery of 1) reject and appeal 2) require delivery of the information or repair any other non-compliancethe information or repair any other non-compliance
bull MediationMediation Once an appeal has been received the Once an appeal has been received the commission may mediate the dispute between he parties in commission may mediate the dispute between he parties in order to achieve delivery of the information without need for order to achieve delivery of the information without need for a full appeal processa full appeal process
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
PART IVPART IV Exceptions Exceptions
bull Only in two cases can the public authorities deny access to information
Where it would harm PRIVATE interests
Where it would harm PUBLIC interests
Private InterestsPrivate Interests
bull Right to privacy including life health or safety
bull Commercial and legitimate economic interests
bull Intellectual property Patents copyright and trade secrets
Public InterestPublic InterestThe exception applies if the following requirements The exception applies if the following requirements are metare met
bull Access would create a clear probable and specific riskAccess would create a clear probable and specific risk
bull Substantial harmSubstantial harm
bull Which should be further defined by legislationWhich should be further defined by legislation
bull To the following public interestsTo the following public interests
Protected InterestsProtected Interests public safety public safety national security national security the future provision of free and frank advicethe future provision of free and frank advice development of policydevelopment of policy international relationsinternational relations law enforcement prevention investigation and law enforcement prevention investigation and
prosecution of crimeprosecution of crime ability of State to manage the economyability of State to manage the economy financial interests of the public authority financial interests of the public authority tests and auditstests and audits
Public Interest OverridePublic Interest Overridebull The exception does not apply in cases where
the public interest in access to information outweighs the harm caused to the protected interest
bull The exceptions do not apply in cases of violations of human rights or crimes against humanity
PART VPART V Appeals Appealsbull Internal Appeal
System of appeal within the public authoritySystem of appeal within the public authority
bull External AppealSystem based on an Information CommissionSystem based on an Information Commission
bull Judicial ReviewFinal redress before the courts of the stateFinal redress before the courts of the state
bull Inter-American SystemInter-American Commission and Court on Human RightsInter-American Commission and Court on Human Rights
Internal AppealInternal Appealbull Internal appeal before the head of the public Internal appeal before the head of the public
authorityauthority
bull Written decision stating reasons within [10] Written decision stating reasons within [10] daysdays
bull The internal appeal is not mandatoryThe internal appeal is not mandatory
External AppealExternal Appealbull RightRight Any requester who believes that his or her request has Any requester who believes that his or her request has
not been processed in accordance with the Law has the right not been processed in accordance with the Law has the right to file an appeal with the Commissionto file an appeal with the Commission
bull ContentContent the public authority with which the request was the public authority with which the request was filed the contact information of the requester the grounds filed the contact information of the requester the grounds upon which the appeal is based any other information that upon which the appeal is based any other information that the requester considers relevantthe requester considers relevant
bull ProcessProcess Centralized tracking system inform interested Centralized tracking system inform interested parties system for making representations fair and parties system for making representations fair and nondiscriminatory rules system of clarificationsnondiscriminatory rules system of clarifications
External AppealExternal Appealbull TimeframeTimeframe decision within 60 days decision within 60 days
bull ExtensionExtension timeframe can be extended by 60 days in timeframe can be extended by 60 days in extraordinary casesextraordinary cases
bull Types of DecisionsTypes of Decisions 1) reject and appeal 2) require delivery of 1) reject and appeal 2) require delivery of the information or repair any other non-compliancethe information or repair any other non-compliance
bull MediationMediation Once an appeal has been received the Once an appeal has been received the commission may mediate the dispute between he parties in commission may mediate the dispute between he parties in order to achieve delivery of the information without need for order to achieve delivery of the information without need for a full appeal processa full appeal process
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
Private InterestsPrivate Interests
bull Right to privacy including life health or safety
bull Commercial and legitimate economic interests
bull Intellectual property Patents copyright and trade secrets
Public InterestPublic InterestThe exception applies if the following requirements The exception applies if the following requirements are metare met
bull Access would create a clear probable and specific riskAccess would create a clear probable and specific risk
bull Substantial harmSubstantial harm
bull Which should be further defined by legislationWhich should be further defined by legislation
bull To the following public interestsTo the following public interests
Protected InterestsProtected Interests public safety public safety national security national security the future provision of free and frank advicethe future provision of free and frank advice development of policydevelopment of policy international relationsinternational relations law enforcement prevention investigation and law enforcement prevention investigation and
prosecution of crimeprosecution of crime ability of State to manage the economyability of State to manage the economy financial interests of the public authority financial interests of the public authority tests and auditstests and audits
Public Interest OverridePublic Interest Overridebull The exception does not apply in cases where
the public interest in access to information outweighs the harm caused to the protected interest
bull The exceptions do not apply in cases of violations of human rights or crimes against humanity
PART VPART V Appeals Appealsbull Internal Appeal
System of appeal within the public authoritySystem of appeal within the public authority
bull External AppealSystem based on an Information CommissionSystem based on an Information Commission
bull Judicial ReviewFinal redress before the courts of the stateFinal redress before the courts of the state
bull Inter-American SystemInter-American Commission and Court on Human RightsInter-American Commission and Court on Human Rights
Internal AppealInternal Appealbull Internal appeal before the head of the public Internal appeal before the head of the public
authorityauthority
bull Written decision stating reasons within [10] Written decision stating reasons within [10] daysdays
bull The internal appeal is not mandatoryThe internal appeal is not mandatory
External AppealExternal Appealbull RightRight Any requester who believes that his or her request has Any requester who believes that his or her request has
not been processed in accordance with the Law has the right not been processed in accordance with the Law has the right to file an appeal with the Commissionto file an appeal with the Commission
bull ContentContent the public authority with which the request was the public authority with which the request was filed the contact information of the requester the grounds filed the contact information of the requester the grounds upon which the appeal is based any other information that upon which the appeal is based any other information that the requester considers relevantthe requester considers relevant
bull ProcessProcess Centralized tracking system inform interested Centralized tracking system inform interested parties system for making representations fair and parties system for making representations fair and nondiscriminatory rules system of clarificationsnondiscriminatory rules system of clarifications
External AppealExternal Appealbull TimeframeTimeframe decision within 60 days decision within 60 days
bull ExtensionExtension timeframe can be extended by 60 days in timeframe can be extended by 60 days in extraordinary casesextraordinary cases
bull Types of DecisionsTypes of Decisions 1) reject and appeal 2) require delivery of 1) reject and appeal 2) require delivery of the information or repair any other non-compliancethe information or repair any other non-compliance
bull MediationMediation Once an appeal has been received the Once an appeal has been received the commission may mediate the dispute between he parties in commission may mediate the dispute between he parties in order to achieve delivery of the information without need for order to achieve delivery of the information without need for a full appeal processa full appeal process
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
Public InterestPublic InterestThe exception applies if the following requirements The exception applies if the following requirements are metare met
bull Access would create a clear probable and specific riskAccess would create a clear probable and specific risk
bull Substantial harmSubstantial harm
bull Which should be further defined by legislationWhich should be further defined by legislation
bull To the following public interestsTo the following public interests
Protected InterestsProtected Interests public safety public safety national security national security the future provision of free and frank advicethe future provision of free and frank advice development of policydevelopment of policy international relationsinternational relations law enforcement prevention investigation and law enforcement prevention investigation and
prosecution of crimeprosecution of crime ability of State to manage the economyability of State to manage the economy financial interests of the public authority financial interests of the public authority tests and auditstests and audits
Public Interest OverridePublic Interest Overridebull The exception does not apply in cases where
the public interest in access to information outweighs the harm caused to the protected interest
bull The exceptions do not apply in cases of violations of human rights or crimes against humanity
PART VPART V Appeals Appealsbull Internal Appeal
System of appeal within the public authoritySystem of appeal within the public authority
bull External AppealSystem based on an Information CommissionSystem based on an Information Commission
bull Judicial ReviewFinal redress before the courts of the stateFinal redress before the courts of the state
bull Inter-American SystemInter-American Commission and Court on Human RightsInter-American Commission and Court on Human Rights
Internal AppealInternal Appealbull Internal appeal before the head of the public Internal appeal before the head of the public
authorityauthority
bull Written decision stating reasons within [10] Written decision stating reasons within [10] daysdays
bull The internal appeal is not mandatoryThe internal appeal is not mandatory
External AppealExternal Appealbull RightRight Any requester who believes that his or her request has Any requester who believes that his or her request has
not been processed in accordance with the Law has the right not been processed in accordance with the Law has the right to file an appeal with the Commissionto file an appeal with the Commission
bull ContentContent the public authority with which the request was the public authority with which the request was filed the contact information of the requester the grounds filed the contact information of the requester the grounds upon which the appeal is based any other information that upon which the appeal is based any other information that the requester considers relevantthe requester considers relevant
bull ProcessProcess Centralized tracking system inform interested Centralized tracking system inform interested parties system for making representations fair and parties system for making representations fair and nondiscriminatory rules system of clarificationsnondiscriminatory rules system of clarifications
External AppealExternal Appealbull TimeframeTimeframe decision within 60 days decision within 60 days
bull ExtensionExtension timeframe can be extended by 60 days in timeframe can be extended by 60 days in extraordinary casesextraordinary cases
bull Types of DecisionsTypes of Decisions 1) reject and appeal 2) require delivery of 1) reject and appeal 2) require delivery of the information or repair any other non-compliancethe information or repair any other non-compliance
bull MediationMediation Once an appeal has been received the Once an appeal has been received the commission may mediate the dispute between he parties in commission may mediate the dispute between he parties in order to achieve delivery of the information without need for order to achieve delivery of the information without need for a full appeal processa full appeal process
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
Protected InterestsProtected Interests public safety public safety national security national security the future provision of free and frank advicethe future provision of free and frank advice development of policydevelopment of policy international relationsinternational relations law enforcement prevention investigation and law enforcement prevention investigation and
prosecution of crimeprosecution of crime ability of State to manage the economyability of State to manage the economy financial interests of the public authority financial interests of the public authority tests and auditstests and audits
Public Interest OverridePublic Interest Overridebull The exception does not apply in cases where
the public interest in access to information outweighs the harm caused to the protected interest
bull The exceptions do not apply in cases of violations of human rights or crimes against humanity
PART VPART V Appeals Appealsbull Internal Appeal
System of appeal within the public authoritySystem of appeal within the public authority
bull External AppealSystem based on an Information CommissionSystem based on an Information Commission
bull Judicial ReviewFinal redress before the courts of the stateFinal redress before the courts of the state
bull Inter-American SystemInter-American Commission and Court on Human RightsInter-American Commission and Court on Human Rights
Internal AppealInternal Appealbull Internal appeal before the head of the public Internal appeal before the head of the public
authorityauthority
bull Written decision stating reasons within [10] Written decision stating reasons within [10] daysdays
bull The internal appeal is not mandatoryThe internal appeal is not mandatory
External AppealExternal Appealbull RightRight Any requester who believes that his or her request has Any requester who believes that his or her request has
not been processed in accordance with the Law has the right not been processed in accordance with the Law has the right to file an appeal with the Commissionto file an appeal with the Commission
bull ContentContent the public authority with which the request was the public authority with which the request was filed the contact information of the requester the grounds filed the contact information of the requester the grounds upon which the appeal is based any other information that upon which the appeal is based any other information that the requester considers relevantthe requester considers relevant
bull ProcessProcess Centralized tracking system inform interested Centralized tracking system inform interested parties system for making representations fair and parties system for making representations fair and nondiscriminatory rules system of clarificationsnondiscriminatory rules system of clarifications
External AppealExternal Appealbull TimeframeTimeframe decision within 60 days decision within 60 days
bull ExtensionExtension timeframe can be extended by 60 days in timeframe can be extended by 60 days in extraordinary casesextraordinary cases
bull Types of DecisionsTypes of Decisions 1) reject and appeal 2) require delivery of 1) reject and appeal 2) require delivery of the information or repair any other non-compliancethe information or repair any other non-compliance
bull MediationMediation Once an appeal has been received the Once an appeal has been received the commission may mediate the dispute between he parties in commission may mediate the dispute between he parties in order to achieve delivery of the information without need for order to achieve delivery of the information without need for a full appeal processa full appeal process
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
Public Interest OverridePublic Interest Overridebull The exception does not apply in cases where
the public interest in access to information outweighs the harm caused to the protected interest
bull The exceptions do not apply in cases of violations of human rights or crimes against humanity
PART VPART V Appeals Appealsbull Internal Appeal
System of appeal within the public authoritySystem of appeal within the public authority
bull External AppealSystem based on an Information CommissionSystem based on an Information Commission
bull Judicial ReviewFinal redress before the courts of the stateFinal redress before the courts of the state
bull Inter-American SystemInter-American Commission and Court on Human RightsInter-American Commission and Court on Human Rights
Internal AppealInternal Appealbull Internal appeal before the head of the public Internal appeal before the head of the public
authorityauthority
bull Written decision stating reasons within [10] Written decision stating reasons within [10] daysdays
bull The internal appeal is not mandatoryThe internal appeal is not mandatory
External AppealExternal Appealbull RightRight Any requester who believes that his or her request has Any requester who believes that his or her request has
not been processed in accordance with the Law has the right not been processed in accordance with the Law has the right to file an appeal with the Commissionto file an appeal with the Commission
bull ContentContent the public authority with which the request was the public authority with which the request was filed the contact information of the requester the grounds filed the contact information of the requester the grounds upon which the appeal is based any other information that upon which the appeal is based any other information that the requester considers relevantthe requester considers relevant
bull ProcessProcess Centralized tracking system inform interested Centralized tracking system inform interested parties system for making representations fair and parties system for making representations fair and nondiscriminatory rules system of clarificationsnondiscriminatory rules system of clarifications
External AppealExternal Appealbull TimeframeTimeframe decision within 60 days decision within 60 days
bull ExtensionExtension timeframe can be extended by 60 days in timeframe can be extended by 60 days in extraordinary casesextraordinary cases
bull Types of DecisionsTypes of Decisions 1) reject and appeal 2) require delivery of 1) reject and appeal 2) require delivery of the information or repair any other non-compliancethe information or repair any other non-compliance
bull MediationMediation Once an appeal has been received the Once an appeal has been received the commission may mediate the dispute between he parties in commission may mediate the dispute between he parties in order to achieve delivery of the information without need for order to achieve delivery of the information without need for a full appeal processa full appeal process
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
PART VPART V Appeals Appealsbull Internal Appeal
System of appeal within the public authoritySystem of appeal within the public authority
bull External AppealSystem based on an Information CommissionSystem based on an Information Commission
bull Judicial ReviewFinal redress before the courts of the stateFinal redress before the courts of the state
bull Inter-American SystemInter-American Commission and Court on Human RightsInter-American Commission and Court on Human Rights
Internal AppealInternal Appealbull Internal appeal before the head of the public Internal appeal before the head of the public
authorityauthority
bull Written decision stating reasons within [10] Written decision stating reasons within [10] daysdays
bull The internal appeal is not mandatoryThe internal appeal is not mandatory
External AppealExternal Appealbull RightRight Any requester who believes that his or her request has Any requester who believes that his or her request has
not been processed in accordance with the Law has the right not been processed in accordance with the Law has the right to file an appeal with the Commissionto file an appeal with the Commission
bull ContentContent the public authority with which the request was the public authority with which the request was filed the contact information of the requester the grounds filed the contact information of the requester the grounds upon which the appeal is based any other information that upon which the appeal is based any other information that the requester considers relevantthe requester considers relevant
bull ProcessProcess Centralized tracking system inform interested Centralized tracking system inform interested parties system for making representations fair and parties system for making representations fair and nondiscriminatory rules system of clarificationsnondiscriminatory rules system of clarifications
External AppealExternal Appealbull TimeframeTimeframe decision within 60 days decision within 60 days
bull ExtensionExtension timeframe can be extended by 60 days in timeframe can be extended by 60 days in extraordinary casesextraordinary cases
bull Types of DecisionsTypes of Decisions 1) reject and appeal 2) require delivery of 1) reject and appeal 2) require delivery of the information or repair any other non-compliancethe information or repair any other non-compliance
bull MediationMediation Once an appeal has been received the Once an appeal has been received the commission may mediate the dispute between he parties in commission may mediate the dispute between he parties in order to achieve delivery of the information without need for order to achieve delivery of the information without need for a full appeal processa full appeal process
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
Internal AppealInternal Appealbull Internal appeal before the head of the public Internal appeal before the head of the public
authorityauthority
bull Written decision stating reasons within [10] Written decision stating reasons within [10] daysdays
bull The internal appeal is not mandatoryThe internal appeal is not mandatory
External AppealExternal Appealbull RightRight Any requester who believes that his or her request has Any requester who believes that his or her request has
not been processed in accordance with the Law has the right not been processed in accordance with the Law has the right to file an appeal with the Commissionto file an appeal with the Commission
bull ContentContent the public authority with which the request was the public authority with which the request was filed the contact information of the requester the grounds filed the contact information of the requester the grounds upon which the appeal is based any other information that upon which the appeal is based any other information that the requester considers relevantthe requester considers relevant
bull ProcessProcess Centralized tracking system inform interested Centralized tracking system inform interested parties system for making representations fair and parties system for making representations fair and nondiscriminatory rules system of clarificationsnondiscriminatory rules system of clarifications
External AppealExternal Appealbull TimeframeTimeframe decision within 60 days decision within 60 days
bull ExtensionExtension timeframe can be extended by 60 days in timeframe can be extended by 60 days in extraordinary casesextraordinary cases
bull Types of DecisionsTypes of Decisions 1) reject and appeal 2) require delivery of 1) reject and appeal 2) require delivery of the information or repair any other non-compliancethe information or repair any other non-compliance
bull MediationMediation Once an appeal has been received the Once an appeal has been received the commission may mediate the dispute between he parties in commission may mediate the dispute between he parties in order to achieve delivery of the information without need for order to achieve delivery of the information without need for a full appeal processa full appeal process
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
External AppealExternal Appealbull RightRight Any requester who believes that his or her request has Any requester who believes that his or her request has
not been processed in accordance with the Law has the right not been processed in accordance with the Law has the right to file an appeal with the Commissionto file an appeal with the Commission
bull ContentContent the public authority with which the request was the public authority with which the request was filed the contact information of the requester the grounds filed the contact information of the requester the grounds upon which the appeal is based any other information that upon which the appeal is based any other information that the requester considers relevantthe requester considers relevant
bull ProcessProcess Centralized tracking system inform interested Centralized tracking system inform interested parties system for making representations fair and parties system for making representations fair and nondiscriminatory rules system of clarificationsnondiscriminatory rules system of clarifications
External AppealExternal Appealbull TimeframeTimeframe decision within 60 days decision within 60 days
bull ExtensionExtension timeframe can be extended by 60 days in timeframe can be extended by 60 days in extraordinary casesextraordinary cases
bull Types of DecisionsTypes of Decisions 1) reject and appeal 2) require delivery of 1) reject and appeal 2) require delivery of the information or repair any other non-compliancethe information or repair any other non-compliance
bull MediationMediation Once an appeal has been received the Once an appeal has been received the commission may mediate the dispute between he parties in commission may mediate the dispute between he parties in order to achieve delivery of the information without need for order to achieve delivery of the information without need for a full appeal processa full appeal process
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
External AppealExternal Appealbull TimeframeTimeframe decision within 60 days decision within 60 days
bull ExtensionExtension timeframe can be extended by 60 days in timeframe can be extended by 60 days in extraordinary casesextraordinary cases
bull Types of DecisionsTypes of Decisions 1) reject and appeal 2) require delivery of 1) reject and appeal 2) require delivery of the information or repair any other non-compliancethe information or repair any other non-compliance
bull MediationMediation Once an appeal has been received the Once an appeal has been received the commission may mediate the dispute between he parties in commission may mediate the dispute between he parties in order to achieve delivery of the information without need for order to achieve delivery of the information without need for a full appeal processa full appeal process
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
Court ReviewCourt Review
bull A requester may file a case with the court only to challenge A requester may file a case with the court only to challenge a decision of the Information Commission within [60] days a decision of the Information Commission within [60] days of an adverse decision or the expiration of the term of an adverse decision or the expiration of the term provided in the lawprovided in the law
bull The court shall come to a final decision on all procedural The court shall come to a final decision on all procedural and substantive aspects of the case within [60] daysand substantive aspects of the case within [60] days
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
Burden of ProofBurden of ProofThe burden of proof falls on the public authority The burden of proof falls on the public authority
bull that the exception is legitimate and strictly necessary in a that the exception is legitimate and strictly necessary in a democratic society based on the standards and jurisprudence democratic society based on the standards and jurisprudence of the Inter-American systemof the Inter-American system
bull disclosure will cause substantial harm to an interest protected disclosure will cause substantial harm to an interest protected by this Lawby this Law
bull that the likelihood and gravity of that harm outweighs the that the likelihood and gravity of that harm outweighs the public interest in disclosure of the informationpublic interest in disclosure of the information
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
PART VIPART VI Information Commission Information Commissionbull Establishment A Commission should be established which
will be in charge of the effective implementation of the law
bull Autonomy Must have complete operational budgetary and decision-making autonomy
bull Budget Legislature should approve a budget that is sufficient for the commission to fulfill all of its duties in an adequate manner
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
CommissionersCommissionersbull Integration [three of more] commissioners with diversity of
experience and talent
bull Selection citizen high moral character have not occupied a government post etc
bull Nominated [executive branch] designation by vote of the [legislative branch]
bull Functions must be a full-time position remunerated with the salary of a [high-court judge]
bull Exclusivity cannot have other employment or commission
bull Duration [5] years renewable once
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
Duties and PowersDuties and Powersbull Issue decisions to the public authoritiesbull Review information in possession of the authoritiesbull Sua sponte authorization to monitor investigate and
execute fulfillment of the lawbull Call witnesses and evidence necessary in appealsbull Adopt necessary internal norms to fulfill it dutiesbull Mediate disputes between parties to an appeal
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
PART VII PromotionPART VII PromotionMonitor and ComplianceMonitor and Compliance Legislature should monitor the operation of the law to make improvement recommendations
TrainingTraining Information Officers shall provide training to officials of the public authority with the support of the commission and civil society
Formal EducationFormal Education The [Ministry of Education] shall guarantee that educational modules on access to information are included in primary and secondary education
