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.
Value
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 Convention1; 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.
The authority leading the public consultation is required to report on the outcome of the public consultation as part of the documentation submitted with the agenda items for government sessions, including the list of comments submitted and how they were addressed individually.