Regulatory framework for access to information, open data and public consultation

Review of the regulatory framework for access to information, open data and public consultation. National authorities are asked to provide reference to the articles in primary legislation that fulfil the criteria below. Criteria 1 to 8 on access to information and 9 to 11 on public consultation are based on the OECD Recommendation for Enhanced Access and More Effective Use of Public Sector Information (2008) and Council of Europe transparency and open government resolution (2018). Criteria 6 to 7 on open data are based on the OECD Recommendation on Digital Government Strategies (2014), the OECD Recommendation on Open Government (2017), the Open Government Declaration (2011) and Council of Europe transparency and open government resolution (2018).

Subindicators fulfilled per country

The regulatory framework provides that all public institutions and private persons carrying out public duties are holders of public information; and that everyone, including non-citizens and legal persons, has the right to access information in all the forms available.

The only restrictions to access to public information allowed are listed by law and are in line with the Tromso Convention.

There are statutory deadlines for processing requests for information.

Information holders are required to provide information in the requested format; requesters are not required to provide justification for their requests.

The right to appeal to an independent body or the court against refusal or inactivity of an administrative body is ensured.

Information requested is always provided free of charge.

A list of datasets and mandatory information to be disclosed is defined in the regulatory framework.

Primary legislation specifies that Government data are “open by default” (except for specific cases defined in the regulatory framework).

Decisions of the public body specialised in public information cannot be quashed by any executive body.

Public consultation is required for draft laws and a minimum duration for the consultation period is established.

Public consultation is required for draft laws secondary legislation and a minimum duration for the consultation period is established.

Regulations require the administration to inform those likely to be affected by the policy changes and other stakeholders in advance that a public consultation is to take place.

Comments provided in public consultations must be made public and authorities are required to provide a publicly available written response.