The Right to Information Act, 2005 – India

MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 21st June, 2005/Jyaistha 31, 1927 (Saka)
The following Act of Parliament received the assent of the President on the 15th June, 2005, and is hereby published for general information:—
THE RIGHT TO INFORMATION ACT, 2005 No. 22 of 2005
[15th June, 2005.]
An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.
WHEREAS the Constitution of India has established democratic Republic;
AND WHEREAS democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed;
AND WHEREAS revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information;
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AND WHEREAS it is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal;
NOW, THEREFORE, it is expedient to provide for furnishing certain information to citizens who desire to have it.
BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:—
CHAPTER I
Preliminary
Short title, extent and commencement
1. (1) This Act may be called the Right to Information Act, 2005.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) The provisions of sub-section (1) of section 4, sub-sections (1) and (2) of section 5, sections 12, 13, 15,16, 24, 27 and 28 shall come into force at once, and the remaining provisions of this Act shall come into force on the one hundred and twentieth day of its enactment.
Definitions.
2. In this Act, unless the context otherwise requires,—
(a) "appropriate Government" means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly—
(i) by the Central Government or the Union territory administration, the Central Government;
(ii) by the State Government, the State Government;
(b) "Central Information Commission" means the Central Information Commission constituted under sub-section (1) of section 12;
(c) "Central Public Information Officer" means the Central Public Information Officer designated under sub-section (1) and includes a Central Assistant Public Information Officer designated as such under sub-section (2) of section 5;
(d) "Chief Information Commissioner" and "Information Commissioner" mean the Chief Information Commissioner and Information Commissioner appointed under sub-section (3) of section 12;
(e) "competent authority" means—
(i) the Speaker in the case of the House of the People or the Legislative Assembly of a State or a Union territory having such Assembly and the Chairman in the case of the Council of States or Legislative Council of a State;
(ii) the Chief Justice of India in the case of the Supreme Court;
(iii) the Chief Justice of the High Court in the case of a High Court;
(iv) the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution;
(v) the administrator appointed under article 239 of the Constitution;
(f) "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form
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and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
(g) "prescribed" means prescribed by rules made under this Act by the appropriate Government or the competent authority, as the case may be;
(h) "public authority" means any authority or body or institution of self- government established or constituted—
(a) by or under the Constitution;
(b) by any other law made by Parliament;
(c) by any other law made by State Legislature;
(d) by notification issued or order made by the appropriate Government,
and includes any—
(i) body owned, controlled or substantially financed;
(ii) non-Government organisation substantially financed,
directly or indirectly by funds provided by the appropriate Government;
(i) "record" includes—
(a) any document, manuscript and file;
(b) any microfilm, microfiche and facsimile copy of a document;
(c) any reproduction of image or images embodied in such microfilm (whether enlarged or not); and
(d) any other material produced by a computer or any other device;
(j) "right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to—
(i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of documents or records;
(iii) taking certified samples of material;
(iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;
(k) "State Information Commission" means the State Information Commission constituted under sub-section (1) of section 15;
(l) "State Chief Information Commissioner" and "State Information Commissioner" mean the State Chief Information Commissioner and the State Information Commissioner appointed under sub-section (3) of section 15;
(m) "State Public Information Officer" means the State Public Information Officer designated under sub-section (1) and includes a State Assistant Public Information Officer designated as such under sub-section (2) of section 5;
(n) "third party" means a person other than the citizen making a request for information and includes a public authority.
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CHAPTER II
Right to information and obligations of public authorities
3. Subject to the provisions of this Act, all citizens shall have the right to information.
Right to information
4. (1) Every public authority shall—
a) maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated;
b) publish within one hundred and twenty days from the enactment of this Act,—
(i) the par ticulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees;
(iii) the procedure followed in the decision making process, including channels of supervision and accountability;
(iv) the norms set by it for the discharge of its functions;
(v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
(vi) a statement of the categories of documents that are held by it or under its control;
(vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;
(viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;
(ix) a directory of its officers and employees;
(x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
(xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
(xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;
(xiii) particulars of recipients of concessions, permits or authorisations granted by it;
(xiv) details in respect of the information, available to or held by it, reduced in an electronic form;
(xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;
(xvi) the names, designations and other particulars of the Public Information Officers;
(xvii) such other information as may be prescribed; and thereafter update these publications every year;
c) publish all relevant facts while formulating important policies or announcing the decisions which affect public;
d) provide reasons for its administrative or quasi-judicial
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decisions to affected persons.
(2) It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information.
(3) For the purposes of sub-section (1), every information shall be disseminated widely and in such form and manner which is easily accessible to the public.
(4) All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central Public Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed.
Explanation.—For the purposes of sub-sections (3) and (4), "disseminated" means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority.
5. (1) Every public authority shall, within one hundred days of the enactment of this Act, designate as many officers as the Central Public Information Officers or State Public Information Officers, as the case may be, in all administrative units or offices under it as may be necessary to provide information to persons requesting for the information under this Act.
(2) Without prejudice to the provisions of sub-section (1), every public authority shall designate an officer, within one hundred days of the enactment of this Act, at each sub-divisional level or other sub-district level as a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, to receive the applications for information or appeals under this Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be:
Provided that where an application for information or appeal is given to a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, a period of five days shall be added in computing the period for response specified under sub-section (1) of section 7.
(3) Every Central Public Information Officer or State Public Information Officer, as the case may be, shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information.
(4) The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties.
(5) Any officer, whose assistance has been sought under sub-section (4), shall render all assistance to the Central Public Information Officer or State Public Information Officer, as the case may be, seeking his or her assistance and for the purposes of any contravention of the provisions of this Act, such other officer shall be treated as a Central Public Information Officer or State Public Information Officer, as the case may be.
Designation of Public Information Officers.
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6. (1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to—
(a) the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority;
(b) the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be,
specifying the particulars of the information sought by him or her:
Provided that where such request cannot be made in writing, the Central Public Information Officer or State Public Information Officer, as the case may be, shall render all reasonable assistance to the person making the request orally to reduce the same in writing.
(2) An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.
(3) Where an application is made to a public authority requesting for an information,—
(i) which is held by another public authority; or
(ii) the subject matter of which is more closely connected with the functions of another public authority,
the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:
Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.
Request for obtaining information.
Disposal of request.
7. (1) Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request undersection 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9:
Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.
(2) If the Central Public Information Officer or State Public Information Officer, as the case may be, fails to give decision on the request for information within the period specified under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall be deemed to have refused the request.
(3) Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the Central Public Information Officer or State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving—
(a) the details of further fees representing the cost of providing the information as determined by him, together with the calculations made
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to arrive at the amount in accordance with fee prescribed under sub-section (1), requesting him to deposit that fees, and the period intervening between the despatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section;
(b) information concerning his or her right with respect to review the decision as to the amount of fees charged or the form of access provided, including the particulars of the appellate authority, time limit, process and any other forms.
(4) Where access to the record or a part thereof is required to be provided under this Act and the person to whom access is to be provided is sensorily disabled, the Central Public Information Officer or State Public Information Officer, as the case may be, shall provide assistance to enable access to the information, including providing such assistance as may be appropriate for the inspection.
(5) Where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the provisions of sub-section (6), pay such fee as may be prescribed:
Provided that the fee prescribed under sub-section (1) of section 6 and sub-sections (1) and (5) of section 7 shall be reasonable and no such fee shall be charged from the persons who are of below poverty line as may be determined by the appropriate Government.
(6) Notwithstanding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in sub-section (1).
(7) Before taking any decision under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall take into consideration the representation made by a third party under section 11.
(8) Where a request has been rejected under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request,—
(i) the reasons for such rejection;
(ii) the period within which an appeal against such rejection may be preferred; and
(iii) the particulars of the appellate authority.
(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.
8. (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—
(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;
(b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
Exemption from disclosure of information.
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(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
(f) information received in confidence from foreign Government;
(g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
(h) information which would impede the process of investigation or apprehension or prosecution of offenders;
(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:
Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;
(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:
Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
19 of 1923.
(2) Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.
(3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under secton 6 shall be provided to any person making a request under that section:
Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.
SEC.1 THE GAZETTE OF INDIA EXTRAORDINARY 9
Grounds for rejection to access in certain cases.
9. Without prejudice to the provisions of section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.
Severability
10. (1) Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information.
(2) Where access is granted to a part of the record under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall give a notice to the applicant, informing—
(a) that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided;
(b) the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;
(c) the name and designation of the person giving the decision;
(d) the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and
(e) his or her rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access provided, including the particulars of the senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be, time limit, process and any other form of access.
Third party information.
11. (1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information:
Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.
(2) Where a notice is served by the Central Public Information Officer or State Public Information Officer, as the case may be, under sub-section (1) to a third party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure.
(3) Notwithstanding anything contained in section 7, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub-section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in
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writing the notice of his decision to the third party.
(4) A notice given under sub-section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.
CHAPTER III
The Central Information Commission
12. (1) The Central Government shall, by notification in the Official Gazette, constitute a body to be known as the Central Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
(2) The Central Information Commission shall consist of—
(a) the Chief Information Commissioner; and
(b) such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary.
(3) The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of—
(i) the Prime Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Lok Sabha; and
(iii) a Union Cabinet Minister to be nominated by the Prime Minister.
Explanation.—For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the House of the People has not been recognised as such, the Leader of the single largest group in opposition of the Government in the House of the People shall be deemed to be the Leader of Opposition.
(4) The general superintendence, direction and management of the affairs of the Central Information Commission shall vest in the Chief Information Commissioner who shall be assisted by the Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the Central Information Commission autonomously without being subjected to directions by any other authority under this Act.
(5) The Chief Information Commissioner and Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
(6) The Chief Information Commissioner or an Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
(7) The headquarters of the Central Information Commission shall be at Delhi and the Central Information Commission may, with the previous approval of the Central Government, establish offices at other places in India.
Constitution of Central Information Commission.
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13. (1) The Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment:
Provided that no Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.
(2) Every Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such Information Commissioner:
Provided that every Information Commissioner shall, on vacating his office under this sub-section be eligible for appointment as the Chief Information Commissioner in the manner specified in sub-section (3) of section 12:
Provided further that where the Information Commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the Information Commissioner and the Chief Information Commissioner.
(3) The Chief Information Commissioner or an Information Commissioner shall before he enters upon his office make and subscribe before the President or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.
(4) The Chief Information Commissioner or an Information Commissioner may, at any time, by writing under his hand addressed to the President, resign from his office:
Provided that the Chief Information Commissioner or an Information Commissioner may be removed in the manner specified under section 14.
(5) The salaries and allowances payable to and other terms and conditions of service of—
(a) the Chief Information Commissioner shall be the same as that of the Chief Election Commissioner;
(b) an Information Commissioner shall be the same as that of an Election Commissioner:
Provided that if the Chief Information Commissioner or an Information Commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity:
Provided further that if the Chief Information Commissioner or an Information Commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits:
Provided also that the salaries, allowances and other conditions of service of the Chief Information Commissioner and the Information Commissioners shall not be varied to their
Term of office and conditions of service.
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disadvantage after their appointment.
(6) The Central Government shall provide the Chief Information Commissioner and the Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.
14. (1) Subject to the provisions of sub-section (3), the Chief Information Commissioner or any Information Commissioner shall be removed from his office only by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Chief Information Commissioner or any Information Commissioner, as the case may be, ought on such ground be removed.
(2) The President may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the Chief Information Commissioner or Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.
(3) Notwithstanding anything contained in sub-section (1), the President may by order remove from office the Chief Information Commissioner or any Information Commissioner if the Chief Information Commissioner or a Information Commissioner, as the case may be,—
(a) is adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the President, involves moral turpitude; or
(c) engages during his term of office in any paid employment outside the duties of his office; or
(d) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or
(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chief Information Commissioner or a Information Commissioner.
(4) If the Chief Information Commissioner or a Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of India or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehaviour.
Removalof Chief Information Commissioner or Information Commissioner.
CHAPTER IV
The State Information Commission
15. (1) Every State Government shall, by notification in the Official Gazette, constitute a body to be known as the ......... (name of the State) Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
(2) The State Information Commission shall consist of—
(a) the State Chief Information Commissioner, and
(b) such number of State Information Commissioners, not exceeding ten, as may be deemed necessary.
Constitution of State Information Commission.
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(3) The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor on the recommendation of a committee consisting of—
(i) the Chief Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Legislative Assembly; and
(iii) a Cabinet Minister to be nominated by the Chief Minister
Explanation.—For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the Legislative Assembly has not been recognised as such, the Leader of the single largest group in opposition of the Government in the Legislative Assembly shall be deemed to be the Leader of Opposition.
(4) The general superintendence, direction and management of the affairs of the State Information Commission shall vest in the State Chief Information Commissioner who shall be assisted by the State Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the State Information Commission autonomously without being subjected to directions by any other authority under this Act.
(5) The State Chief Information Commissioner and the State Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
(6) The State Chief Information Commissioner or a State Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
(7) The headquarters of the State Information Commission shall be at such place in the State as the State Government may, by notification in the Official Gazette, specify and the State Information Commission may, with the previous approval of the State Government, establish offices at other places in the State.
Term of office and conditions of service.
16. (1) The State Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment:
Provided that no State Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.
(2) Every State Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such State Information Commissioner:
Provided that every State Information Commissioner shall, on vacating his office under this sub-section, be eligible for appointment as the State Chief Information Commissioner in the manner specified in sub-section (3) of section 15:
Provided further that where the State Information Commissioner is appointed as the State Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the State Information Commissioner and the State Chief Information Commissioner.
(3) The State Chief Information Commissioner or a State Information Commissioner,
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shall before he enters upon his office make and subscribe before the Governor or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.
(4) The State Chief Information Commissioner or a State Information Commissioner may, at any time, by writing under his hand addressed to the Governor, resign from his office:
Provided that the State Chief Information Commissioner or a State Information Commissioner may be removed in the manner specified under section 17.
(5) The salaries and allowances payable to and other terms and conditions of service of—
(a) the State Chief Information Commissioner shall be the same as that of an Election Commissioner;
(b) the State Information Commissioner shall be the same as that of the Chief Secretary to the State Government:
Provided that if the State Chief Information Commissioner or a State Information Commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the State Chief Information Commissioner or a State Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity:
Provided further that where the State Chief Information Commissioner or a State Information Commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the State Chief Information Commissioner or the State Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits:
Provided also that the salaries, allowances and other conditions of service of the State Chief Information Commissioner and the State Information Commissioners shall not be varied to their disadvantage after their appointment.
(6) The State Government shall provide the State Chief Information Commissioner and the State Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.
17. (1) Subject to the provisions of sub-section (3), the State Chief Information Commissioner or a State Information Commissioner shall be removed from his office only by order of the Governor on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case may be, ought on such ground be removed.
(2) The Governor may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the State Chief Information Commissioner or a State Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the Governor has passed orders on receipt of the report of
Removal of State Chief Information Commissioner or State Information Commissioner
SEC.1 THE GAZETTE OF INDIA EXTRAORDINARY 15
the Supreme Court on such reference.
(3) Notwithstanding anything contained in sub-section (1), the Governor may by order remove from office the State Chief Information Commissioner or a State Information Commissioner if a State Chief Information Commissioner or a State Information Commissioner, as the case may be,—
(a) is adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude; or
(c) engages during his term of office in any paid employment outside the duties of his office; or
(d) is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body; or
(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner.
(4) If the State Chief Information Commissioner or a State Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of the State or participates in any way in the profit thereof or in any benefit or emoluments arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehaviour.
Powers and functions of Information Commissions.
CHAPTER V
Powers and functions of the Information Commissions, appeal and penalties
18. (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,—
(a) who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be;
(b) who has been refused access to any information requested under this Act;
(c) who has not been given a response to a request for information or access to information within the time limit specified under this Act;
(d) who has been required to pay an amount of fee which he or she considers unreasonable;
(e) who believes that he or she has been given incomplete, misleading or false information under this Act; and
(f) in respect of any other matter relating to requesting or obtaining access to records under this Act.
(2) Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof.
16 THE GAZETTER OF INDIA EXTRAORDINARY [PART II—
(3) The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:—
5 of 1908
(a) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavit;
(d) requisitioning any public record or copies thereof from any court or office;
(e) issuing summons for examination of witnesses or documents; and
(f) any other matter which may be prescribed.
(4) Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature, as the case may be, the Central Information Commission or the State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of the public authority, and no such record may be withheld from it on any grounds.
Appeal
19. (1) Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority:
Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order.
(3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission:
Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(4) If the decision of the Central Public Information Officer or State Public Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party.
(5) In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request.
(6) An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be
SEC.1 THE GAZETTE OF INDIA EXTRAORDINARY 17
recorded in writing.
(7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.
(8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to—
(a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including—
(i) by providing access to information, if so requested, in a particular form;
(ii) by appointing a Central Public Information Officer or State Public Information Officer, as the case may be;
(iii) by publishing certain information or categories of information;
(iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records;
(v) by enhancing the provision of training on the right to information for its officials;
(vi) by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4;
(b) require the public authority to compensate the complainant for any loss or other detriment suffered;
(c) impose any of the penalties provided under this Act;
(d) reject the application.
(9) The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority.
(10) The Central Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.
Penalties
20. (1) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees:
Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him:
Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be.
(2) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case
18 THE GAZETTER OF INDIA EXTRAORDINARY [PART II—
may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him.
CHAPTER VI
Miscellaneous
Protection of action taken in good faith.
21. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.
Act to have overriding effect
22. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
Bar of jurisdiction of courts
23. No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.
Act not to apply to certain organisations
24. (1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government:
Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:
Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.
(2) The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation established by that Government or omitting therefrom any organisation already specified therein and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule.
(3) Every notification issued under sub-section (2) shall be laid before each House of Parliament.
(4) Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as that Government may, from time to time, by notification in the Official Gazette, specify:
Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:
SEC.1 THE GAZETTE OF INDIA EXTRAORDINARY 19
Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the State Information Commission and, notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.
(5) Every notification issued under sub-section (4) shall be laid before the State Legislature.
25. (1) The Central Information Commission or State Information Commission, as the case may be, shall, as soon as practicable after the end of each year, prepare a report on the implementation of the provisions of this Act during that year and forward a copy thereof to the appropriate Government.
(2) Each Ministry or Department shall, in relation to the public authorities within their jurisdiction, collect and provide such information to the Central Information Commission or State Information Commission, as the case may be, as is required to prepare the report under this section and comply with the requirements concerning the furnishing of that information and keeping of records for the purposes of this section.
(3) Each report shall state in respect of the year to which the report relates,—
(a) the number of requests made to each public authority;
(b) the number of decisions where applicants were not entitled to access to the documents pursuant to the requests, the provisions of this Act under which these decisions were made and the number of times such provisions were invoked;
(c) the number of appeals referred to the Central Information Commission or State Information Commission, as the case may be, for review, the nature of the appeals and the outcome of the appeals;
(d) particulars of any disciplinary action taken against any officer in respect of the administration of this Act;
(e) the amount of charges collected by each public authority under this Act;
(f) any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of this Act;
(g) recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or common law or any other matter relevant for operationalising the right to access information.
(4) The Central Government or the State Government, as the case may be, may, as soon as practicable after the end of each year, cause a copy of the report of the Central Information Commission or the State Information Commission, as the case may be, referred to in sub-section (1) to be laid before each House of Parliament or, as the case may be, before each House of the State Legislature, where there are two Houses, and where there is one House of the State Legislature before that House.
(5) If it appears to the Central Information Commission or State Information Commission, as the case may be, that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with the provisions or spirit of this Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity.
Monitoring and Reporting
Appropriate Government to prepare programmes
26. (1) The appropriate Government may, to the extent of availability of financial and other resources,—
(a) develop and organise educational programmes to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the rights contemplated under this Act;
20 THE GAZETTER OF INDIA EXTRAORDINARY [PART II—
(b) encourage public authorities to participate in the development and organisation of programmes referred to in clause (a) and to undertake such programmes themselves;
(c) promote timely and effective dissemination of accurate information by public authorities about their activities; and
(d) train Central Public Information Officers or State Public Information Officers, as the case may be, of public authorities and produce relevant training materials for use by the public authorities themselves.
(2) The appropriate Government shall, within eighteen months from the commencement of this Act, compile in its official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in this Act.
(3) The appropriate Government shall, if necessary, update and publish the guidelines referred to in sub-section (2) at regular intervals which shall, in particular and without prejudice to the generality of sub-section (2), include—
(a) the objects of this Act;
(b) the postal and street address, the phone and fax number and, if available, electronic mail address of the Central Public Information Officer or State Public Information Officer, as the case may be, of every public authority appointed under sub-section (1) of section 5;
(c) the manner and the form in which request for access to an information shall be made to a Central Public Information Officer or State Public Information Officer, as the case may be;
(d) the assistance available from and the duties of the Central Public Information Officer or State Public Information Officer, as the case may be, of a public authority under this Act;
(e) the assistance available from the Central Information Commission or State Information Commission, as the case may be;
(f) all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this Act including the manner of filing an appeal to the Commission;
(g) the provisions providing for the voluntary disclosure of categories of records in accordance with section 4;
(h) the notices regarding fees to be paid in relation to requests for access to an information; and
(i) any additional regulations or circulars made or issued in relation to obtaining access to an information in accordance with this Act.
(4) The appropriate Government must, if necessary, update and publish the guidelines at regular intervals.
27. (1) The appropriate Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) of section 4;
(b) the fee payable under sub-section (1) of section 6;
(c) the fee payable under sub-sections (1) and (5) of section 7;
(d) the salaries and allowances payable to and the terms and conditions of service of the officers and other employees under sub-section (6) of section 13 and
Power to make rules by appropriate Government
SEC.1 THE GAZETTE OF INDIA EXTRAORDINARY 21
sub-section (6) of section 16;
(e) the procedure to be adopted by the Central Information Commission or State Information Commission, as the case may be, in deciding the appeals under sub-section (10) of section 19; and
(f) any other matter which is required to be, or may be, prescribed.
28. (1) The competent authority may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(i) the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) of section 4;
(ii) the fee payable under sub-section (1) of section 6;
(iii) the fee payable under sub-section (1) of section 7; and
(iv) any other matter which is required to be, or may be, prescribed
Power to make rules by competent authority.
29. (1) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(2) Every rule made under this Act by a State Government shall be laid, as soon as may be after it is notified, before the State Legislature.
Laying of rules.
30. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
Power to remove difficulties.
Repeal
31. The Freedom of Information Act, 2002 is hereby repealed.
5 of 2003
22 THE GAZETTER OF INDIA EXTRAORDINARY [PART II—
THE FIRST SCHEDULE
[See sections 13 (3) and 16(3)]
Form of oath or affirmation to be made by the Chief Information Commissioner/the Information Commissioner/the State Chief Information Commissioner/the State Information Commissioner
"I, ....................., having been appointed Chief Information Commissioner /Information Commissioner / State Chief Information Commissioner / State Information Commissioner swear in the name of God solemnly affirm
that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.".
SEC.1 THE GAZETTE OF INDIA EXTRAORDINARY 23
THE SECOND SCHEDULE
(See section 24)
Intelligence and security organisation established by the Central Government
1. Intelligence Bureau.
2. Research and Analysis Wing of the Cabinet Secretariat.
3. Directorate of Revenue Intelligence.
4. Central Economic Intelligence Bureau.
5. Directorate of Enforcement.
6. Narcotics Control Bureau.
7. Aviation Research Centre.
8. Special Prontier Force.
9. Border Security Force.
10. Central Reserve Police Force.
11. Indo-Tibetan Border Police.
12. Central Industrial Security Force.
13. National Security Guards.
14. Assam Rifles.
15. Special Service Bureau
16. Special Branch (CID), Andaman and Nicobar.
17. The Crime Branch-C.I.D.-CB, Dadra and Nagar Haveli.
18. Special Branch, Lakshadweep Police.
T. K. VISWANATHAN, Secy. to the Govt. of India.
Printed by THE Manager, Government of India Press, Minto Road, New Delhi and Published by the Controller of Publications, Delhi, 2005.
MGIPMRND—1359GI(S3)—22-06-2005.

Freedom of Information Ordinance, 2002 - Pakistan

Freedom of Information Ordinance 2002
Government of Pakistan Ministry of law, Human Rights and Parliamentary affairs (Law, Justice and Human Rights Division)
F. No. 2(1)/2002-Pub. Islamabad. The 26th October 2002.
The following Ordinance Promulgated by the President is hereby published for general information: - ORDINANCE NO. XCVI OF 2002. AN ORDINANCE
To provide for transparency and freedom of information. WHEREAS it is expedient to provide for transparency and freedom of information to ensure that the citizens of Pakistan have improved access to public records and for the purpose to make the Federal Government more accountable to its citizens, and for matters connected therewith or incidental thereto.
AND WHEREAS the President is satisfied that circumstances exist which renders it necessary to take immediate action.
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the provisional Constitution Order No. 1 of 1999, read with the provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance: -
1. Short title, extent and commencement. - (1) This Ordinance may be called the Freedom of Information Ordinance, 2002.
(2) It extends to the whole of Pakistan. (3) It shall come into force at once. 2. Definition. - In this Ordinance, unless there is anything repugnant in the subject or context, -
(a) "complainant" means (i) a requester, or (ii) any person acting for and on behalf of requester; (b) "complaint" means any allegation in writing made by a complainant, (i) where he is requester, that access to record has been wrongfully denied to him by a public body;
(ii) Where he is a requester, that access to and/or correction of his personal information has been wrongfully denied to him by a public body having the custody or control of the record;
(iii) Where he is requester that the information requested by him has been unduly delayed by a public body;
(c) "designated official" means an official of a public body designated under section 10;
(d) "employee" in relation to a pubic body, means person employed in a public body whether permanently or temporary;
(e) "Federal Tax Ombudsman" means Federal Tax Ombudsman appointed under section 3 of the Establishment of the Office of Federal Tax Ombudsman Ordinance, 2000 (XXXV of 2000);
(f) "Mohtasib" means the Wafaqi Mohtasib (Ombudsman) appointed under Article 3 of the Establishment of the office of the Wafaqi Mohtasib (Ombudsman) Order, 1983 (P.O. No. 1 of 1983);
(g) "prescribed" means prescribed by rules made under this Ordinance;
(h) "public body" means,-
(i) any Ministry, Division or attached department of the Federal Government;
(ii) Secretariat of Majlis-e-Shoora (Parliament);
(iii) Any office of any Board Commission, Council, or other body established by or under, a Federal law;
(iv) Courts and tribunals;
(i) "record" means record in any form, whether printed or in writing and includes any map, diagram, photography, film, microfilm, which is used for official purpose by the public body which holds the record;
3. Access to information not to be denied. - (1) Notwithstanding anything contained in any other law for the time being in force, and subject to the provisions of this Ordinance, no requester shall be denied access to any official record other than exemptions as provided in section 15.
(2) This Ordinance shall be interpreted so as (i) to advance the purposes of this Ordinance, and
(ii) to facilitate and encourage, promptly and at the lowest reasonable cost, the disclosure of information.
4. Maintenance and indexing of records. - Subject to provisions of this Ordinance and in accordance with the rules that may be prescribed, each public body shall ensure that all records covered under clause (i) of section 2 of this Ordinance are properly maintained.
5. Publication and availability of records. - The acts and subordinate legislation such as rules and regulations, notifications, by-laws, manuals, orders having the force of law in Pakistan shall be duly published and made available to a reasonable
price at an adequate number of outlets so that access thereof is easier, less time-consuming and less expensive.
6. Computerization of records. - Each public body shall endeavour within reasonable time and subject to availability of resources that all records covered by the provisions of this Ordinance are computerized and connected through a network all over the country on different systems so that authorised access to such records is facilitated.
7. Declaration of public records. - Subject to the provisions of section 8, the following record of all public bodies are hereby declared to be the public record, namely: -
(a) policies and guidelines;
(b) transactions involving acquisition and disposal of properly and expenditure undertaken by a public body in the performance of its duties;
(c) information regarding grant of licences, allotments and other benefits and privileges and contracts and agreements made by public body;
(d) final orders and decisions, including decisions relation to members of public; and
(e) any other record, which may be notified by the Federal Government as public record for the purposes of this Ordinance.
8. Exclusion of certain record. - Nothing contained in section 7 shall apply to the following record of all public bodies, namely: -
(a) noting on the files;
(b) minutes of meetings;
(c) any intermediary opinion or recommendation;
(d) record of the banking companies and financial institutions relating to the accounts of their customers;
(e) record relating to defence forces, defence installations or connected therewith or ancillary to defence and national security;
(f) record declared as classified by the Federal Government;
(g) record relating to the personal privacy of any individual;
(h) record of private documents furnished to a public body either on an express or implied condition that information contained in any such documents shall not be disclosed to a third person; and
(i) any other record which the Federal Government may, in public interest exclude from the purview of this Ordinance.
9. Duty to assist requesters. - A public body shall take necessary steps as may be prescribed to assist any requester under this Ordinance.
10. Designation of official. - (1) A public body shall designate and notify an officer or employee to whom requests under this Ordinance are to be made. These officials will be designated to ensure easy public access to information.
(2) In case no such official has been designated or in the event of the absence or non-availability of the designated official, the person incharge of the public body shall be the designated official.
11. Functions of designated official. - Subject to the provisions of this Ordinance and the rules made thereunder and the instructions if any, of the Federal Government, the designated official shall provide the information contained in any public record or, as the case may be, a copy of any such record.
12. Applications for obtaining information, etc.- (1) Subject to sub-section (2), any citizen of Pakistan may make an application to the designated official in the form as may be prescribed and shall with his application, furnish necessary particulars, pay such fee and at such time as may be prescribed.
(2) Nothing contained in sub-section (1) shall apply to such public record as has been published in the Official Gazette or in the form of a book offered for sale.
13. Procedure for disposal of applications. - (1) Subject to sub-section (2), on receiving an application under section 12, the designated official shall, within twenty-one days of the receipt of request, supply to the applicant the required information or, as the case may be a copy of any public record.
(2) In case the designated official is of the opinion that -
(a) the application is not in the form as has been prescribed;
(b) the applicant has not furnished necessary particulars or has not paid such fee as has been prescribed;
(c) the applicant is not entitled to receive such information;
(d) the required information or, as the case may be, the required record does not constitute a public record under section 7;
(e) the required information or, as the case may be, the required record constitutes a record which is excluded under section 8,
he shall record his decision in writing and the applicant shall be informed about such decision within twenty-one days of the receipt of the application.
(3) The information from, or the copy of, any public record supplied to the applicant under sub-section (1), shall contain a certificate at the foot thereof that the information is correct or, as the case may be, the copy is a true copy of such public record, and such certificate shall be dated and signed by the designated official.
14. Exempt information from disclosure. - Subject to the provisions of this Ordinance, a public body shall not be required to disclose exempt information.
15. International relations. - (1) Information may be exempt if its disclosure would be likely to cause grave and significant damage to the interests of Pakistan in the conduct of international relation.
(2) In this Section, "international relations" means relation between Pakistan and (a) the government of any other foreign State; or
(b) an organization of which only States are members.
16. Disclosure harmful to law enforcement. - Information may be exempt if its disclosure is likely to
(a) result in the commission of an offence;
(b) harm the detection, prevention, investigation or inquiry in a particular case;
(c) reveal the identity of a confidential source of information;
(d) facilitate an escape from legal custody;
(e) harm the security of any property or system, including a building, a vehicle, a computer system or a communication system.
17. Privacy and personal information. - Information is exempt if its disclosure under this Ordinance would involve the invasion of the privacy of an identifiable individual (including a deceased individual) other than requester.
18. Economic and commercial affairs. - Information is exempt if and so long as its disclosure
(a) would be likely to cause grave and significant damage to the economy as a result of the premature disclosure of the proposed introduction, abolition of variation of any tax, duty, interest rate, exchange rate or any other instrument of economic management;
(b) would be likely to cause significant damage to the financial interests of the public body by giving an unreasonable advantage to any person in relation to a contract which that person is seeking to enter into with the public body for the acquisition or disposal of property or the supply of goods or services, or
(c) by revealing information to a competitor of the public body, would be likely to cause significant damage to the lawful commercial activities of the public body.
19. Recourse to the Mohtasib and Federal Tax Ombudsman. - (1) If the applicant is not provided the information or copy of the record declared public record under section 7 within the prescribed time or the designated official refuses to give such information or, as the case may be, copy of such record, on the ground that the applicant is not entitled to receive such information or copy of such record, the applicant may, within thirty days of the last date of the prescribed time for giving such information or, as the case may be, of such record, or the communication of the order of the designated official declining to give such information or copy of such record, file a complaint with the head of the public body and on failing to get the requested information from him within the prescribed time may file a complaint with the Mohtasib and in cases relating to Revenue Division, its subordinate departments, offices and agencies with the Federal Tax Ombudsman.
(2) The Mohtasib or the Federal Tax Ombudsman, as the case may be, may, after hearing the applicant and the designated official, direct the designated official to give the information or, as the case may be, the copy of the record, or may reject the complaint.
20. Dismissal of frivolous, vexatious and malicious complaint. - Where a complaint instituted is found to be malicious, frivolous or vexatious, the complaint may be dismissed by Mohtasib, and fine may be imposed on the complainant up to an amount not exceeding ten thousands rupees.
21. Offence. - Any person who destroys a record which at the time it was destroyed was the subject of a request, or of a complaint with the intention of preventing its disclosure under this Ordinance, commits an offence punishable with imprisonment for a term not exceeding two years, or with fine, or with both.
22. Indemnity. - No suit, prosecution or other legal proceedings shall lie against any person for anything which is done in good faith or intended to be done in pursuance of this Ordinance or any rules made thereunder.
23. Ordinance not to derogate other laws. - The provision of this Ordinance shall be in addition to, and not in derogation of, anything contained in any other law for the time being in force.
24. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this Ordinance, the Federal Government may, by order in the official Gazette, make such provision not inconsistent with the provisions of this Ordinance as appear to it to be necessary or expedient for removing the difficulty.
25. Power to make rules. - (1) The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for -
(a) the fee payable for obtaining information from, and copies of the public record;
(b) the form of application for obtaining information from, and copies of, the public record; and
(c) the form in which information from public record shall be furnished.
GENERAL PERVEZ MUSHARRAF President ____________________ Mr. Justice (MANSOOR AHMAD) SECRETARY

Freedom of Information Act, 2005 - Germany

Federal Act
Governing Access to Information held by the
Federal Government
(Freedom of Information Act)
of 5 September 2005
(Federal Law Gazette I,
p. 2722)
The Bundestag has passed the following legislation:
Section 1
Underlying principles
(1) Everyone is entitled to official information from the authorities of the Federal
Government in accordance with the provisions of this Act. This Act shall apply to
other Federal bodies and institutions insofar as they discharge administrative tasks
under public law. For the purposes of these provisions, a natural or legal person shall
be treated as equivalent to an authority where an authority avails itself of such a
person in discharging its duties under public law.
(2) The authority may furnish information, grant access to files or provide information
in any other manner. Where an applicant requests a certain form of access to
information, the information may only be provided by other means for good cause. In
particular, substantially higher administrative expenditure shall constitute good
cause.
(3) Provisions in other legislation on access to official information shall take
precedence, with the exception of Section 29 of the Administrative Procedure Act
(VwVfG) and Section 25 of Book Ten of the Social Code.
Section 2
Definitions
For the purposes of this Act,
1. official information shall be defined as every record serving official purposes,
irrespective of the mode of storage. This shall not include drafts and notes which
are not intended to form part of a file;
2. a third person shall be defined as anyone on whom personal data or other
information are held.
Section 3
Protection of special public
interests
The entitlement to access to information shall not apply
1. where disclosure of the information may have detrimental effects on
a) international relations,
b) military and other security-critical interests of the Federal Armed Forces,
c) internal or external security interests,
d) monitoring or supervisory tasks of the financial, competition and regulatory
authorities,
e) matters of external financial control,
f) measures to prevent illicit foreign trade,
g) the course of current judicial proceedings, a person’s entitlement to a fair trial
or the pursuit of investigations into criminal, administrative or disciplinary
offences,
2. where disclosure of the information may endanger public safety,
3. where and for as long as
a) the necessary confidentiality of international negotiations or
b) consultations between authorities are compromised,
4. where the information is subject to an obligation to observe secrecy or
confidentiality by virtue of a statutory regulation or the general administrative
regulation on the material and organisational protection of classified information,
or where the information is subject to professional or special official secrecy,
5. with regard to information obtained on a temporary basis from another public
body which is not intended to form part of the authority’s own files,
6. where disclosure of the information would be capable of compromising fiscal
interests of the Federal Government in trade and commerce or economic
interests of the social insurance institutions,
7. in the case of information obtained or transferred in confidence, where the third
party’s interest in confidential treatment still applies at the time of the application
for access to the information,
8. with regard to the intelligence services and the authorities and other public bodies
of the Federal Government, where these perform duties pursuant to Section 10,
no. 3 of the Security Clearance Check Act (SÜG).
Section 4
Protection of the official decisionmaking
process
(1) Applications for access to information should be rejected for drafts relating to
rulings and studies and decisions relating directly to the preparation of rulings,
insofar as and for as long as premature disclosure of the information would obstruct
the success of the ruling or impending official measures. Routine results of the taking
and hearing of evidence and expert opinions or statements from third parties shall
not be deemed to relate directly to the preparation of rulings pursuant to sentence 1.
(2) The applicant should be notified of the conclusion of the proceedings concerned.
Section 5
Protection of personal data
(1) Access to personal data may only be granted where the applicant’s interest in
obtaining the information outweighs the third party’s interests warranting exclusion of
access to the information or where the third party has provided his or her consent.
Special types of personal data within the meaning of Section 3 (9) of the Federal
Data Protection Act (BDSG) may only be transferred subject to the express consent
of the third party concerned.
(2) The applicant’s interest in accessing information shall not predominate in the
case of information from records relating to the third party’s service or official
capacity or a mandate held by the third party or in the case of information which is
subject to professional or official secrecy.
(3) The applicant’s interest in accessing information shall generally outweigh the third
party’s interests warranting exclusion of access to the information where the
information is limited to the third party’s name, title, university degree, designation of
profession and function, official address and official telecommunications number and
the third party has submitted a statement in proceedings in the capacity of a
consultant or expert or in a comparable capacity.
(4) Names, titles, university degrees, designations of professions and functions,
official addresses and official telecommunications numbers of desk officers shall not
be excluded from the scope of access to information where they are an expression
and consequence of official activities and no exceptional circumstances apply.
Section 6
Protection of intellectual property and
business or trade secrets
No entitlement to access to information shall apply where such access
compromises the protection of intellectual property. Access to business or trade
secrets may only be granted subject to the data subject’s consent.
Section 7
Application and
procedure
(1) The authority which is authorised to dispose of the requested information decides
on the application for access to information. In the case of Section 1 (1), sentence 3
the application is to be filed with the authority which avails itself of the natural or legal
person under private law in discharging its duties under public law. Pertinent reasons
must be stated for applications concerning third parties within the meaning of Section
5 (1) and (2) or Section 6. In the case of uniform applications from more than 50
persons, Sections 17 to 19 of the Administrative Procedure Act shall apply mutatis
mutandis.
(2) Where an entitlement to partial access to information applies, the appurtenant
application is to be granted to the extent to which information can be accessed
without revealing information which is subject to confidentiality or without
unreasonable administrative expenditure. The same shall apply where the applicant
agrees to information concerning the interests of third parties being blanked out.
(3) Information may be furnished verbally, in writing or in electronic form. The
authority is not obliged to verify that the contents of the information are correct.
(4) When examining official information, the applicant may take notes or arrange to
have photocopies and print-outs produced. Section 6, sentence 1 shall remain
unaffected.
(5) The information is to be made accessible to the applicant forthwith, with due
regard to his or her interests. Access to the information should be provided within
one month. Section 8 shall remain unaffected
Section 8
Procedure when third parties
are involved
(1) The authority shall grant a third party whose interests are affected by the
application for access to information opportunity to submit a written statement within
one month when there are indications that the said third party may have an interest
warranting exclusion of access to the information.
(2) The decision pursuant to Section 7 (1), sentence 1 shall be provided in writing
and shall also be notified to the third party. The information may only be accessed
when the decision is final and absolute in relation to the third party or if immediate
enforcement has been ordered and a period of two weeks has elapsed since
notifying the third party of the order. Section 9 (4) shall apply mutatis mutandis.
Section 9
Rejection of the application:
Legal remedies
(1) Notification of a ruling rejecting the application in part or in its entirety is to be
provided within the period stipulated in Section 7 (5), sentence 2.
(2) In cases in which the authority rejects the application in part or in its entirety, it is
to provide notification as to whether and when partial or full access to the information
is likely to be possible at a later juncture.
(3) The application may be rejected where the applicant is already in possession of
the requested information or can reasonably be expected to obtain the information
from generally accessible sources.
(4) It is permissible to challenge the decision to reject the application by lodging an
administrative appeal or bringing an action to compel performance of the requested
administrative act.
Administrative appeal proceedings pursuant to the provisions of Part 8 of the Code
of Administrative Court Procedure (VwGO) are also to be carried out when the
decision has been reached by a supreme federal authority.
Section 10
Fees and expenses
(1) Fees and expenses shall be charged for official acts pursuant to this Act.
This shall not apply to the furnishing of basic items of information.
(2) With due regard to the administrative expenditure involved, the fees shall be
calculated such as to ensure that access to information pursuant to Section 1 can be
claimed effectively.
(3) The Federal Ministry of the Interior is authorised to assess the facts and
circumstances determining the commensurate fee and to fix the scales of fees for
official acts pursuant to this Act by means of statutory instruments, without the
approval of the Bundesrat. Section 15 (2) of the Administrative Costs Act (VwKG)
shall not be applicable.
Section 11
Obligations to publish
information
(1) The authorities should keep directories identifying the available information
resources and the purposes of the collected information.
(2) Organisational and filing plans without any reference to personal data shall be
made generally accessible in accordance with the provisions of this Act.
(3) The authorities should make the plans and directories stated in sub-sections 1
and 2 and other appropriate information generally accessible in electronic form.
Section 12
Federal Commissioner for Freedom of
Information
(1) Anyone considering their right to access to information pursuant to this Act to have
been violated may appeal to the Federal Commissioner for Freedom of Information.
(2) The function of Federal Commissioner for Freedom of Information shall be
performed by the Federal Commissioner for Data Protection.
(3) The provisions of the Federal Data Protection Act on the monitoring tasks of the
Federal Commissioner for Data Protection (Section 24 (1) and (3) to (5)), on
complaints (Section 25 (1), sentence 1, nos. 1 and 4, sentence 2 and sub-sections 2
and 3) and on further tasks pursuant to Section 26 (1) to (3) shall apply mutatis
mutandis.
Section 13
Amendments to other
regulations
(1) The Federal Data Protection Act, as promulgated on 14 January 2003
(Federal Law Gazette I, p. 66), shall be amended as follows:
In the information in the table of contents regarding Chapter III in Part II and
Sections 21 to 26 and in Section 4c (2), sentence 2, Section 4d (1), (6), sentence 3,
Section 6 (2), sentence 4, Section 10 (3), sentence 1, Section 19 (5), sentence 2,
Section 6, sentence 1, in the title of Chapter III in Part II, in Sections 21 to 26, in
Section 42 (1), sentence 1, 2nd clause, Section 4, sentence 3 and Section 44 (2),
sentence 2, the words “for Data Protection” are to be replaced in each instance by
the words “for Data Protection and Freedom of Information”.
(2) The following sentence is to be added to Section 5 (4) of the Federal Records
Office Act (BArchG) of 6 January 1988 (Federal Law Gazette I, p. 62), most recently
amended by the Act of 5 June 2002 (Federal Law Gazette I, p. 1782):
“The same shall apply to archival materials, where access to the information was
available in accordance with the Freedom of Information Act (IFG) prior to transfer to
the Federal archives or the archives of the legislative bodies.”
Section 14
Reporting and
evaluation
The Federal Government shall report to the German Bundestag on application of this
Act two years prior to its expiry. The German Bundestag shall evaluate the Act on a
scientific basis one year prior to its expiry.
Section 15
Entry into
force
This Act shall enter into force on 1 January 2006.

Freedom of Information Act, FIA), 2007- Switzerland

Federal Act
on the Principle of Freedom of Information in Public Administration
(Freedom of Information Act, FIA)
of 17 December 2004 (Status as of 1 January 2007)
The Federal Assembly of the Swiss Confederation,
on the basis of Article 173(2) of the Constitution1,
upon consideration of the accompanying Report of the Federal Council of 12 February
20032
decrees as follows:
Section 1 General Provisions
Art. 1 Object and Purpose
This Act seeks to promote transparency with regard to the mandate, organisation and
activities of the Public Administration. For this purpose, it shall contribute to informing
the public by ensuring access to official documents.
Art. 2 Scope: Ratione Personae
1
This Act shall apply to:
a. The Federal Administration
b. Public and private bodies, existing outside of the Federal Administration,
insofar as they pass acts or hand down decisions in the first instance within the
meaning of Article 5 of the Federal Act of December 20, 1968 on
Administrative Procedures (Administrative Procedures Act)3;
c. The Parliamentary Services.
2
This Act shall not apply to the Swiss National Bank or the Swiss Federal Banking
Commission.
3
The Federal Council shall be authorised to exclude other departments of the Federal
Administration, as well as other public and private bodies outside the Federal
Administration, from the scope of this Act, should:
a. the functions assigned to same so require;
b. their competitiveness be prejudiced by being subject to this Act; or
c. the functions assigned to them be of only minor importance.
1 SR [Systematic Register of Federal Legislation] 101
2 BBl [Federal Gazette] 2003 1807
3 SR 172.021
152.3 Fundamental Rights
2
Art. 3 Scope: Ratione Materiae
1
This Act shall not apply to:
a. Access to official documents relating to:
1. Civil proceedings;
2. Criminal proceedings;
3. International legal and administrative assistance proceedings;
4. International dispute settlement proceedings;
5. Constitutional and administrative judiciary proceedings; or
6. Arbitration proceedings; and
b. The consultation, by a party, of the case file in first-instance administrative
proceedings.
2
Access to official documents containing personal information about the applicant shall
be governed by the Federal Act of 19 June 1992 on Data Protection (Data Protection
Act)4.
Art. 4 Reservation of Special Provisions
Special provisions contained in other Federal Acts shall be reserved where they:
a. declare certain information secret; or
b. declare certain information accessible subject to requirements differing from
those set out herein;
Art. 5 Official Documents
1
An official document shall be any information:
a. which has been recorded, regardless of the medium;
b. retained by the authority which issued same or to which it has been
communicated; and
c. which concern the execution of a public function.
2
Documents which have been produced by means of a simple computerized process
from recorded information which meets the requirements pursuant to (a), (b) and (c)
above, shall be deemed to be official documents.
3
Not deemed to be official documents are any documents which:
a. are used by an authority in a commercial capacity;
b. have not been issued; or
c. are intended for personal use.
4 SR 235.1
Freedom of Information Act 152.3
3
Section 2 Right of Access to Official Documents
Art. 6 Principle of Freedom of Information
1
Every person shall have the right to inspect official documents and to obtain
information about the contents of official documents.
2
The documents may be inspected in situ or a copy thereof may be requested.
Legislation governing copyright shall be reserved.
3
Where an official document has already been published by the Federal Government, in
paper or electronic format, the provisions pursuant to (1) and (2) above shall be deemed
to have been fulfilled.
Art. 7 Exceptions
1
The right of access shall be limited, deferred or denied, should such access to an
official document:
a. significantly impair the free opinion-forming and decision-making processes
of an authority which is subject to this Act, or of another legislative,
administrative or judicial body;
b. affect the execution of specific measures taken by an authority in conformity
with its objectives;
c. be likely to compromise the domestic and international security of
Switzerland;
d. be likely to affect the interests of Switzerland in matters of foreign policy and
international relations;
e. be likely to affect relations between the Federal Government and the cantons
or inter-cantonal relations;
f. be likely to affect the economic or monetary interests of Switzerland;
g. reveal professional, business or manufacturing secrets; or
h. result in the release of information provided voluntarily by a third party to an
authority which undertook to maintain secrecy with regard thereto.
2
The right of access shall be limited, deferred or denied, should said access to an
official document prejudice the privacy of a third party, unless exceptionally
outweighed by public interest.
Art. 8 Special Cases
1
There shall be no right of access to official documents of joint reporting proceedings.
2
Access to official documents shall only be granted after the political or administrative
decisions which they form the basis of have been taken.
152.3 Fundamental Rights
4
3
By way of exception, the Federal Council may decide to withhold access to official
documents resulting from official departmental consultation processes even after rulings
have been made.
4
Under no circumstances shall access to official documents about the status of pending
or future negotiations be granted.
5
Access to reports on the evaluation of the performance of the Federal Administration
and the effectiveness of its measures shall be ensured.
Art. 9 Protection of Personal Data
1
Official documents containing personal data shall, wherever possible, be rendered
anonymous prior to inspection.
2
Where a request for access covers official documents which cannot be rendered
anonymous, Article 19 of the Federal Data Protection Act5 shall apply. The relevant
procedure shall be governed by this Act.
Section 3 Procedure for Access to Official Documents
Art. 10 Access Application
1
An application for access to official documents shall be addressed to the authority
which created same or received same as primary addressee from third parties not subject
to this Act.
2
The Federal Council may provide a special procedure for access to official documents
by Swiss representation abroad and by missions to international organisations.
3
The application must be formulated in a sufficiently accurate manner.
4
The Federal Council shall enact regulations governing the particulars of this procedure:
a. it shall take the special needs of the media into account;
b. should a large number of applications cover the same documents, it may
stipulate other modalities governing such access;
c. it may extend the processing deadlines for applications which require
particularly extensive processing.
Art. 11 Consultation
1
Should an application be made for access to official documents which contain personal
data, and which the authority is considering granting, it shall consult the person
concerned and afford him the opportunity to submit comments within ten days.
2
The authority shall then inform such consulted person of the position it intends to take
concerning the application for access.
5 SR 235.1
Freedom of Information Act 152.3
5
Art. 12 Decision of the Authority
1
The authority shall make a decision as soon as possible; no later than 20 days after
receipt of the application.
2
Said deadline may, under exceptional circumstances, be extended by 20 days, should
the application for access concern a large number of documents or documents which are
complex or difficult to obtain. Should an application concern official documents
containing personal information, the deadline shall be extended for the required period.
3
Should an application concern official documents containing personal information, the
authority shall suspend access until the legal situation has been clarified.
4
The authority shall inform the applicant, with summary grounds, of any extension of
the deadline, limitation or denial of access. Information concerning the limitation or
denial of access, as well as the grounds therefore, shall be conveyed in writing.
Art. 13 Mediation
1
A request for mediation may be filed by any person:
a. whose access to official documents has been limited, deferred or denied;
b. whose application was not decided by the authority within the deadline;
c. who was consulted pursuant to Art. 11, should the authority intend granting
access contrary to his disapproval.
2
The request for mediation must be filed in writing with the Federal Data Protection and
Information Commissioner within 20 days of receipt of the decision from the authority
or the date of the authority’s failure to comply with the deadline.
3
Should mediation succeed, the matter shall be deemed to have been settled.
Art. 14 Recommendation
Should mediation fail to succeed, the Federal Data Protection and Information
Commissioner shall provide the participants to the mediation proceedings with a written
recommendation within 30 days of receipt of the request for mediation.
Art. 15 Decision
1
Within ten days of receipt of the recommendation, the applicant or the person
consulted may request a decision pursuant to Article 5 of the Administrative Procedures
Act6.
2
Furthermore, the authority shall hand down a decision, where, contrary to the
recommendation, it intends to:
6 SR 172.021
152.3 Fundamental Rights
6
a. limit, defer or deny the right of access to an official document;
b. grant the right of access to an official document containing personal
information.
3
A decision shall be handed down within 20 days of the date of receipt of the
recommendation or the request for a decision pursuant to (1) above.
Art. 167
Appeal
1
Appeals proceedings shall be subject to the general provisions found in the relevant
legislation governing the Federal administration of justice.
2
The instances called upon to hear any appeals shall also have access to official
documents which are secret.
Art. 17 Fees
1
In principle, access to official documents shall be subject to payment of a fee.
2
No fee shall be charged for:
a. the processing of an application which gives rise to minimal costs;
b. mediation proceedings (Art. 13); and
c. proceedings before the first instance (Art. 15).
3
The Federal Council shall enact modalities and fee rates on the basis of the effective
costs incurred. Special provisions set out in other legisltative Acts shall be reserved.
4
Fees may, in any event, be charged for the release of reports, brochures and other
printed material and information carriers.
Section 4 Federal Data Protection and Information Commissioner
Art. 18 Duties and Competencies
The Federal Data Protection and Information Commissioner (the Commissioner)
pursuant to Article 26 of the Federal Data Protection Act8 shall, in particular, have the
following duties and competencies under the present Act:
a. Conducting mediation proceedings (Art. 13) and making a recommendation
(Art. 14), should mediation not succeed;
7 SR 172.021
8 SR 235.1
Freedom of Information Act 152.3
7
b. Providing information ex officio, or at the request of individuals or authorities,
on the modalities governing access to official documents;
c. Commenting on draft legislation and measures of the Federal Government
which have a fundamental impact on the principle of freedom of information.
Art. 19 Evaluation
1
The Commissioner shall review the execution and effectiveness of this Act and, in
particular, the costs incurred by its implementation, and shall report on a regular basis to
the Federal Council.
2
The Commissioner shall submit the first report on the implementation costs of this Act
to the Federal Council within three years of its entry into force.
3
The reports of the Commissioner shall be published.
Art. 20 Right to Information and Inspection
1
Within the context of mediation proceedings, the Commissioner shall have access to
official documents, even if same are subject to secrecy.
2
The Commissioner and his secretariat shall be subject to official secrecy to the same
extent as the authorities whose official documents they inspect or from whom they
obtain information.
Section 5 Concluding Provisions
Art. 21 Execution
The Federal Council may, in particular, enact provisions governing the:
a. processing of official documents;
b. information pertaining to official documents;
c. publication of official documents.
Art. 22 Amendments to Existing Legislation
Amendments to existing legislation shall be governed pursuant to the Annex.
Art. 23 Transitional Provisions
This Act shall apply to official documents produced or received by authorities after its
entry into force.
152.3 Fundamental Rights