Effective supervisory authority of the right to access public information

The basic steering and monitoring functions for implementing access to public information are assigned to one or several bodies

Review of relevant legislation to verify that there is a central body(ies) in charge of the following functions: 1. Guiding and promoting; 2. Monitoring compliance with the legislation; 3. Imposing sanctions. It is not required that the same body performs all three functions, t they can be assigned to different bodies. It is not required that the body performs exclusively functions related to the access to information. For example, a central administrative inspection with power to impose sanctions to public authorities violating their legal obligations regarding access to public information is admissible.

The following statistical data on appeal decisions regarding petitions to access to information is aggregated and published

Review of government reports to verify whether statistical data on requests for access to information and decisions is aggregated and published.

Inspections of compliance are conducted in practice by the relevant supervisory body/ies

Review of documentation to verify that the relevant body/ies performed at least one inspection to verify compliance with the law on access to information (either ex-officio or at the request of citizens or businesses) during the last calendar year.

Reported sanctions for non-compliance are imposed by relevant supervisory body/ies

Review of documentation to verify that all inspections that confirmed a violation resulted in the corresponding legal sanction. No points are awarded in the case that no inspections were performed in the previous year. No points are awarded in the case that only some inspections confirmed a violation, but the corresponding legal sanction was not imposed.

Access to public information and compliance of public institutions in this matter is actively promoted by the relevant public body(ies)

Review of government documentation to verify that a central body(ies) in charge of steering and providing guidance is performing such a function in practice. Any evidence of the issuance of circulars, interpreting criteria, guidebooks, opinions, or trainings to public officials is admitted.