ACCESS TO INFORMATION - BEST LAW AND PRACTICE:


Country Chapters – Outline



Part I: Structure of Access to Information in your country


NB: Please note Article numbers where relevant for future reference – thanks!


1. Constitutional Provisions


Article 100 of the Constitution:

http://odin.dep.no/ud/norsk/dok/andre_dok/rapporter/032201-220007/hov021-bu.html (Article 19: Paragraph 179.)



http://www.regjeringen.no/nb/dep/ud/dok/rapporter_planer/rapporter/2004/Implementation-of-the-International-Covenant-on-Civil-and-Political-Rights/21.html?id=420352:

Everyone has a right of access to the documents of the State and of the municipal administration and a right to be present at sittings of the courts and elected assemblies. (...).

It is a duty of the State authorities to facilitate an open and enlightened public dialogue.”




Constitutional right, Right by FOI law


2. Access to Information Legislation

Freedom of Information Act, Act of 19 June 1970 No. 69

http://wkeim.bplaced.net/lov-19700619-069-eng.html or http://wkeim.bplaced.net/files/lov-19700619-069-eng.pdf




** 3. Obliged bodies:

Does the right to request information, in the access law and other legislation, encompass:

(i) government and administration at national, regional or local level;

All 3 levels

(ii) legislative bodies and judicial authorities insofar as they perform administrative functions as provided for by national law;

(iii) legislative and judicial authorities – other information;

(iv) private bodies (natural or legal persons) insofar as they perform public functions or exercise administrative authority;

Yes, see § 1 FOI law

(v) any other bodies?


3a. Exempted bodies

Are some bodies specifically exempted from any access to information obligations, eg, the security services?

Storting (parliament), Ombudsman, se § 1 of the law


** 4. Definition of Information

The wording is “document”, but I believe that means information recorded in any form

official documents” means all information recorded in any form, drawn up or received and held by public authorities and linked to any public or administrative function, with the exception of documents under preparation.”

I believe that is what is meant by the FOI law


Sorry, that's all for today, 1.11.06, Walter Keim


5. Requestors


6. Forms of request


6b. Responses, Forms of Provision of Information, Costs


7. Time Limits


8. Information not Held / Transfer or Referral


9. Refusals


9b. Reasons for refusing a requests:

In addition to the exemptions at point 10 below, does your law permit refusing requests for any of the following reasons:


** 10. Exemptions


i. national security, defence and international relations;

ii. public safety;

iii. [the smooth course of] the prevention, investigation and prosecution of criminal activities;

iv. privacy and other legitimate private interests;

v. commercial and other economic interests, be they private or public;

vi. the equality of parties concerning court proceedings [and the smooth functioning of Justice];

vii. nature;

viii. inspection, control and supervision by public authorities;

ix. the economic, monetary and exchange rate policies of the state;

x. the confidentiality of deliberations within or between public authorities concerning the internal examination of a matter;

xi. the holding of possible disciplinary procedures;

xii. communication of the government with the Royal Family and the Royal Household?



** 10a. Public Interest Test



    1. Environmental Information;

    2. Public Health Information;

    3. Information relating to violation or potential violation of human rights’

    4. information that reveals corruption or wrongdoing;

    5. Information Necessary for an Informed Electorate, e.g., salaries of government officials; government budgets & expenditures (inc. procurement contracts, e.g. re government advertising)’

    6. Other


11. Person responsible for information requests


12. Appeals


13. Oversight Body


14. Proactive Release of information (including E-FOIA Laws)

Does the access to information law contain provisions on proactive publication of information?

Which information must be made available?

Does the law specifically require posting of material on a website?

Does the access to information require any of the following to be made public:



Part II: Issues and cases of note


1. Please note any particularly contentious issues related to access to information in your country

2. Please report any cases of significance – either won or lost – that define the right in your country.