Individuals and legal persons who have the legal right to access public information

All individuals legally resident and legal persons legally established in the country have the legal right to access information

Review of legislation. To fulfil the criterion, it is required that the right to access public information is enshrined by a law, not being admissible through bylaws, government decrees, or similarly lower hierarchical norms. SIGMA requires that the law establishes a real subjective right enforceable in front of a legal court of individuals and legal persons (including non-residents). A general guidance principle of access to information established in legislation but not an enforceable right is not admissible. To check enforceability, legal analysis of the text and court decisions (if needed) will be performed, complementary to interviews to relevant stakeholders (e.g., non-governmental organisations, judges, bar associations, etc). To fulfil the criterion, the law must grant the right to all individuals and legal persons legally established in the country.

Non-residents have the legal right to access information

Review of legislation to verify that the legal right to access to public information is also granted to non-resident aliens (individual and legal persons).

Requesters of public information are not required to provide justification/legal interest for their requests

Review of legislation to verify that it establishes that the requester of public information has no obligation to justify their request.