Definition of public information

Public information is defined as all information recorded in any form, drawn up or received and held by public authorities

Review of the law on access to information and/or other relevant legislation to verify that the legal right is defined broadly, according to the criteria set for the adaptation to national legislation of the Tromsø convention (https://rm.coe.int/16800d3836). The criterion does not require a specific law on access to information, but it does require that right to access to public information is enshrined by a law, not being admissible through bylaws, government decrees, or similarly lower hierarchical norms.

Restrictions are narrow and exhaustively listed by the law

Review of the law on access to information and/or other relevant legislation verifying that the list of allowed exceptions are narrow and listed exhaustively, complying with the set for the adaptation to national legislation of the Tromsø convention https://rm.coe.int/16800d3836). The criterion does not require a specific law on access to information, but it does require that right to access to public information is enshrined by a law, not being admissible through bylaws, government decrees, or similarly lower hierarchical norms.

The law includes a test of proportionality in order to apply a restriction to access to public information

Review of the law on access to information and/or other relevant legislation to verify that the law requires holders of public information to conduct a test of proportionality or balance between the two conflicting interests to be protected, the legal right to access public information on one side and the value defended by the exemption (e.g., national security) on the other hand, complying with the set for the adaptation to national legislation of the Tromsø convention (https://rm.coe.int/16800d3836). The criterion does not require a specific law on access to information, but it does require that right to access to public information is enshrined by a law, not being admissible through bylaws, government decrees, or similarly lower hierarchical norms.

All public institutions and private persons exercising public authority are defined by law as holders of public information

Review of the law on access to information and/or other relevant legislation to verify that the law defines holders of public information broadly, including all public administration and private bodies exercising public authority, complying with the set for the adaptation to national legislation of the Tromsø convention (https://rm.coe.int/16800d3836). The criterion does not require a specific law on access to information, but it does require that right to access to public information is enshrined by a law, not being admissible through bylaws, government decrees, or similarly lower hierarchical norms.

All private persons performing public functions or operating with public funds are defined by law as holders of public information

Review of the law on access to information and/or other relevant legislation to verify that the law includes as holders of public information private persons performing public functions or operating with public funds, complying with the recommendation including in the explanatory report to adapt national legislation to the Tromsø convention (https://rm.coe.int/16800d3836). The criterion does not require a specific law on access to information, but it does require that right to access to public information is enshrined by a law, not being admissible through bylaws, government decrees, or similarly lower hierarchical norms.